In a blow to the state anti-immigration movement, the Supreme Court ruled today that the authority to enforce immigration laws rests squarely with the federal government, limiting the role that states may play in crafting state-level answers to immigration enforcement. By a 5-3 margin, the Court struck down three of the four provisions of SB 1070 that were challenged by the Obama administration as pre-empted under federal law. While the Court agreed that Arizona’s attempt to limit immigration by creating new laws and new penalties to punish undocumented immigrants was pre-empted, it found that a provision requiring local police to investigate the legal status of suspected undocumented immigrants was not pre-empted on its face. The court read this provision very narrowly, however, leaving open the door to future lawsuits based on racial profiling and other legal violations.
“Today’s decision makes clear that the federal government—and only the federal government—has the power and authority to set the nation’s immigration policies,” said Benjamin Johnson, Executive Director of the American Immigration Council. “Despite its strongly worded rejection of Arizona's effort to set its own immigration policies, the Court adopted a wait-and-see approach to the controversial racial profiling section of the law. There is already ample evidence of discrimination and abuse in Arizona, and many communities in the state will bear the brunt of the Court's unwillingness to face that reality. It's time for Congress to heed the dire warnings contained in this opinion and recommit to fixing our broken immigration system.”
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Satveer Chaudhary is the founding lawyer of Chaudhary Law Office, PLLC. In practice over 10 years, Chaudhary brings 14 years of legislative experience as a State Senator and Member of the Minnesota House of Representatives to each and every case.At Chaudhary Law Office, our clients come first. Every client is treated with courtesy and is guaranteed effective representation. Practicing in the areas of Immigration Law, Wills, Divorce, Family Law, Small Business and Criminal Law, we provide free intial consultations to all our clients.
In 2004 Satveer Chaudhary was named the University of Minnesota Law School Alumni of the Year. He was also awarded the Governor’s Certificate of Commendation for the Legal Aid Society of Minnesota, served as Special Assistant to Minnesota Attorney General Hubert H. Humphrey III, and was recognized by the worldwide Asian-Indian community for his dedicated work, Chaudhary was named to the top-50 non-resident Indians in the world (NRI World magazine).
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