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Court Splits on Arizona Law
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The Supreme Court upheld the provision under an Arizona state law that requires police to check the immigration status of people stopped for traffic and other offenses. By a vote of 6-2 the Supreme Court voided the provision that made it a state crime to fail to carry federal registration papers. By a vote of 5-3 it voided the provision that provided for jail time for immigrants not carrying federal registration papers. Justice Anthony Kennedy wrote the majority opinion that includes Justices Roberts, Ginsburg, Breyer and Sotomayor, and said: "The government of the United States has broad, undoubted power over the subject of immigration and the status of aliens... Immigration policy can affect trade, investment, tourism and diplmatic relations for the entire nation." At the same time Justice Kennedy said " the problems posed to the State by illegal immigration must not be underestimated," saying that "unauthorized aliens, were responsible for a disproportionate share of serious crime." Unauthorized aliens are only 8.9% of the population of Maricopa County which includes Pheonix, but caused 21.8% of the felonies. The part of the Arizona law SB 1070 that stated the illegal immigrant seeking work was commiting a crime, was struck down on the grounds that this "would interfere with the careful balance struck by Congress" for the labor market in which only employers are committing a crime. Justice Kennedy reminded the country that it was still a nation of immigrants.
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