The U.S. Supreme Court?s recent ruling on Arizona?s controversial immigration law sends several messages and is likely to complicate things for Arizona in the coming months, according to a pair of Portland attorneys who specialize in the practice.
The court?s ruling, issued Monday, struck down most of Arizona?s law by stating that immigration statutes should be made at the federal level and not by states. The court let stand the component of the bill that is causing the greatest concern by allowing Arizona law enforcement officials to check a person?s immigration status while stopping them for other infractions if a ?reasonable suspicion? exists. The law?s opponents say this invites racial profiling.
Philip Smith, a partner with Nelson|Smith Immigration Law, says Oregon allows law enforcement officials to notify the U.S. Immigration and Customs Enforcement bureau if they have arrested someone whose status is questionable. The difference between Oregon and Arizona is that Oregon law enforcement cannot arrest someone simply because their status may be questionable.
?The ruling certainly highlights the need for Congress and the President to act to revamp the current immigration law because there is legitimate frustration among immigrants and states,? Smith says. ?The reason Arizona, Alabama and other states have gotten involved is because there is no movement at the federal level. I?m sure there are people who want Oregon to be more aggressive in enforcing immigration law here, so there is some legitimate frustration.?
Brent Renison, a partner at Parrilli Renison and chair-elect of the American Immigration Lawyers Association?s Oregon chapter, says he believes the ruling opens up a new can of worms for Arizona.
?I have family in Arizona and if I go there to visit and someone stops me, my Oregon driver?s license is not going to be sufficient proof of my immigration status. Only an Arizona driver?s license is, apparently. So I think some real disasters are going to start occurring,? he says.
Renison expects an upsurge in civil rights claims that will cost Arizona a significant amount of money to defend.
?It also chills people from reporting crimes because if an officer comes to interview somebody and then asks about their immigration status and wants to see their papers, nobody is going to want to report a crime,? he says.
Renison notes that the U.S. Justice Department swiftly posted a phone number for Arizona residents to call if they believe their civil rights have been violated due to the law.
?The Justice Department is going to be watching Arizona like a hawk, and that?s not good for Arizona,? he says.
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