Supreme Court Ruling Declares Majority of S.B. 1070 Unconstitutional

In a decision filed yesterday, the U.S. Supreme Court ruled that three sections of Arizona's anti-immigrant law S.B. 1070 are unconstitutional, but approved the most controversial section and the one that many fear will lead to the implementation of racial profiling of Latinos in Arizona.

In a 5-3 vote, the justices of the highest court invalidated the following three provisions:

1. the one that made it mandatory to carry immigration documents, as it was considered a crime not to have a federal registration

2. which made it a crime for undocumented immigrants to work or look for a job.

3. that which allowed the arrest of suspected irregular migrants without an arrest warrant.

The Supreme Court approved clause 2(B). This part is the most controversial part of S.B. 1070, because it allows state police to request documents to determine the immigration status of someone lawfully detained or arrested if there is "reasonable suspicion" that he or she is undocumented.

However, the Court left open the possibility that this section could be subject to lawsuits depending on how it is implemented.

English