In today’s decision on the contested Arizona SB 1070, Justice Antonin Scalia wrote the dissent. In it, he mentions Obama and says this:
There has come to pass, and is with us today, the specter that Arizona…predicted: A Federal Government that does not want to enforce the immigration laws as written and leaves the States’ borders unprotected…So the issue is a stark one. Are the sovereign States at the mercy of the Federal Executive’s refusal to enforce the Nation’s immigration laws?
While the Court upheld Arizona’s right to ask for papers of persons engaged in suspicious activity, it blocked the following three provisions:
1.That it is a crime not to register with the federal government and carry registration;
2. That it’s a crime to solicit work if not authorized to work in the U.S.;
3. That state/local police can arrest without warrant in some cases.
“The State has the sovereign power to protect its borders more rigorously if it wishes, absent any valid federal prohibition. The Executive’s policy choice of lax federal enforcement does not constitute such a provision…If securing its territory in this fashion is not within the power of Arizona, we should cease referring to it as a sovereign state.”
I do not believe we have heard the last of this issue.