Last Updated: 05.04.2020
Maryland Lawyer provides insight into recent ruling and explain controversy
This Maryland lawyer would like to explain the Supreme Court’s ruling on June 25, 2012. This is just one of the big opinions that this Maryland Lawyer is anxious to read this week, with the now infamous “Obamacare” ruling also expected to be delivered shortly as well . The opinion holds a tremendous impact on the entire nation. It sets the standard for immigration issues both for Maryland as well as the rest of the country in establishing how the Supreme Court will handle immigration issues.
The law in question has been a lightning rod of controversy since the moment of its inception in the Arizona state legislature. Civil rights groups arose from all directions to protest the law, claiming it unfairly discriminated against immigrants and minorities. The statute was challenged, and after flip-flopping through a variety of different appeals reached the Supreme Court which provided a final say on the issue…at least for the time being.
Maryland Lawyer explains ARIZONA ET AL. v. UNITED STATES
The Supreme Court announced a split decision with regard to Arizona’s controversial immigration law, S.B. 1070. The Supreme Court struck down multiple provisions within the statute but upheld what has been called the “Papers Please” provision. The Supreme Court struck two of the provisions which made it a crime for undocumented immigrants to be present and to seek employment in Arizona. A third was also struck which authorized police officers to make warrantless arrests of anyone whom officers declared there was probable cause to have committed an offense that could result in deportation. The State of Arizona did succeed however, on the “Papers Please”provision, which civil rights groups argue invites racial profiling.
As a Spanish speaking Maryland Lawyer, I am very skeptical of the “Papers Please” provision of Section 2(B) in S.B. 1070. The Supreme Court, however, rested on the more technical issue of whether the law unconstitutionally invaded the federal government’s exclusive prerogative to set immigration policy. The justices found that it was not clear whether Arizona was supplanting or supporting federal policy by requiring state law enforcement to demand immigration papers from anyone stopped, detained, or arrested in the state who officers reasonably suspect is in the country without authorization. The provision that was upheld also commands police to check all arrestees’ immigration status with the federal government before they are released.
How does this affect me?
The Arizona Law does not affect you, but as a Maryland lawyer I can glean that this is how state immigration laws will be analyzed if they are challenged federally. The Supreme Court essentially gutted this law, which may have the impact of deterring future legislation aimed at accomplishing a similar regulation. This only muddies the immigration waters.
This Maryland lawyer works regularly with clients who face immigration issues here at the Law Offices of Eldridge & Nachtman. Your Maryland lawyer knows how to help you. If you are facing criminal charges, and have immigration issues, come see your favorite Spanish speaking Maryland Lawyer from The Law Offices of Eldridge & Nachtman, LLC. We have a network of immigration attorneys at our disposal who work together with our firm to ensure that both the criminal and immigration issues are handled correctly.