by Mark Pattison
WASHINGTON (CNS) – In what one observer called “the judicial equivalent of white smoke,” immigration advocates were largely happy with the June 25 Supreme Court ruling that struck down three key provisions of Arizona’s own immigration law.
However, they voiced distress over the one part of the law the high court kept intact: the “show me your papers” provision.
Because of “certain limitations,” the court said, such checks do not “interfere with the federal immigration scheme.” However, the decision also said the provision would face further scrutiny and could later be found unconstitutional.
“We are encouraged that the court did not rule it (the provision) constitutional,” said Archbishop Jose H. Gomez of Los Angeles, chairman of the U.S. bishops’ Committee on Migration, in a statement. “Implementation of this provision could lead to the separation of families and undermine the church’s ability to minister to the immigrant population.”
Archbishop Gomez said, “The court’s decision to strike down the other provisions of the Arizona law reaffirms the strong role of the federal government in regulating immigration.”
With regard to the court allowing checks of people’s papers, he added: “We stand in solidarity with our brother bishops in Arizona, as they prepare to respond to the implementation of this provision and its potential human consequences.”
The archbishop said the U.S. bishops would ask state legislators to “pursue humane reform on the federal level” rather than the state level. “Humane enforcement of our nation’s laws are part of any solution, but enforcement by itself, unjustly administered, only leads to abuses and family breakdown.”
Angelica Salas, executive director for the Coalition for Humane Immigrant Rights of Los Angeles, said the ruling “marks a dark day for justice in the history of the United States of America. In one sweep, the Supreme Court has sided with Arizona and allowed racial profiling as an acceptable law enforcement tool.”
“The court challenges will continue,” Salas said, “as we are certain racial profiling is unconstitutional.” She added in her June 25 statement that the White House should work with Congress to protect “young people and students who are American in all but paperwork.”
“The judicial equivalent of white smoke has risen – the Supreme Court has ruled,” said a statement by ImmigrationWorks USA president Tamar Jacoby. “Many were expecting a tough decision, opening the floodgates to states’ rights, and the majority opinion is surprising – it leaves less room than many anticipated for state immigration enforcement.”
While Jacoby made clear she disagreed with the majority opinion upholding the “show me your papers” provision, “even that part of the opinion is tenuous, and it’s far from certain what will happen next,” she said