SCOTUS S.B. 1070 DECISION
Chairman Charles Gonzalez (TX-20): “Today, the Supreme Court clearly directed the State of Arizona, and states with similar anti-immigrant laws, that immigration is in the exclusive purview of the federal government. Now, more than ever, it is clear that our country needs real, permanent solutions and that Congress must pass comprehensive immigration reform.
“When three out of four provisions of a state’s law are struck down, it obviously can’t be viewed as a victory for the state. Nor can an unconstitutional law be used a model for the nation, as Governor Romney suggested. The fact the Romney has said that as president he would not even challenge Arizona’s law, shows what a sad direction our country’s immigration laws would go under his administration.
“The ‘show me your papers’ provision, that institutionalizes racial profiling, remains a very important element that needs to be addressed. The CHC will coordinate with civil rights groups and immigration law organizations to follow up on a challenge to this provision, which is still an open legal question. We will be watching very closely how Arizona exercises this part of the law and will continue to fight against instances of racial and ethnic profiling.”
Rep. Ed Pastor (AZ-4): “In recognizing that federal immigration laws preempt SB 1070, the Supreme Court rightly found three of four harmful provisions unconstitutional, but I’m greatly disappointed that it erroneously upheld the discriminatory ‘show me your papers’ provision. I’m fearful this troublesome provision will lead to discrimination and racial profiling in Arizona and throughout the country, and I remain supportive of related civil rights suits currently challenging SB 1070 as discriminatory, which was not considered in this most recent Supreme Court case. Further, I ask the U.S. Department of Justice to be aware of efforts to restrict the civil rights of citizens and immigrants alike and increase civil rights enforcement.
“Arizona’s SB 1070, Section 2(B), the "show me your papers" provision, requires local law enforcement to check the immigration status during any lawful stop, detention or arrest anytime law enforcement officials have “reasonable suspicion” that the individual is unlawfully present. Upholding Section 2(B) will result in the harassment of those here legally, including tourists, legal immigrants and even U.S. citizens and place significant burdens on federal agencies by diverting resources away from dangerous criminals and other high-priority individuals.”
Rep. Luis V. Gutierrez (IL-04): “The crux of the Arizona law, which requires state and local law enforcement to check someone's citizenship status in the course of their duties, was upheld and will sanction pretextual stops and racial profiling. This gives a green light to Arizona sheriffs like Joe Arpaio and others to use someone's clothing, accent, or appearance to take them to jail and hold them until their immigration status, if any, is sorted out.
“I know they will not be using that kind of tactic on people with the last name Roberts, Romney, or Brewer, but if your name is something like Gutierrez or Chung or Obama, watch out. The express goal of the authors of Arizona's SB1070 is to make life miserable for immigrants so that they will leave, and a key tool in that effort was upheld by the Court.”
Rep. Lucille Roybal-Allard (CA-34): “While I am pleased that the Supreme Court has wisely decided to strike down several of the most egregious portions of SB 1070, I am disheartened that the law’s infamous “show me your papers” provision will remain intact. Not only is this an affront to the American ideal of equal justice under law, it will open the door to rampant racial profiling. Thankfully, in striking down three other key elements of SB 1070, the justices have once again reaffirmed the primacy of the federal government in enforcing our immigration laws. Most Americans understand that a patchwork of state laws in the mold of SB 1070 won’t get us any closer to solving this national challenge. What we need now more than ever is for the leaders of both parties to work together with President Obama to finally fix our broken immigration system.”
Rep. Nydia M. Velázquez (NY-12): “While I am pleased the Court struck down several of the constitutionally questionable provisions in this law, I remain concerned that it upheld elements that could still allow for racial profiling. Regardless, this issue is not going away. We must continue working for an immigration reform law that addresses these issues in a comprehensive manner.”
Rep. Rubén Hinojosa (TX-15): "The ruling by the U.S. Supreme Court on the Arizona anti-immigration law does not go far enough in preventing the unjust harassment of anyone who looks Latino or sounds 'foreign.' Letting stand a provision that requires police to check someone's status because they "suspect" them of coming into the country illegally is preposterous. Your grandmother or little brother can be walking to the corner grocery story and be stopped and detained if they look "suspicious." Our Constitution must guarantee that all people - no matter where they were born or what color skin they have are afforded the same basic rights and treated equally. While I am pleased that some of this unconstitutional law was defeated, it still leaves the door open for bigotry and harassment to prevail."
Rep. Joe Baca (CA-43): “The Supreme Court’s decision to reject most aspects of Arizona’s SB 1070 upholds the Constitution of the United States, and makes it clear that immigration should be exclusively the jurisdiction of the federal government. But I am disappointed that the Court upheld the discriminatory ‘show me your papers’ provision of the law. If implemented, this misguided provision will inevitably lead to racial profiling. Some Americans will be forced to prove their citizenship based on the color of their skin while others will stand little or no chance of being affected. This is wrong. The CHC will continue to fight to overturn this immoral and unjust provision, and pass a comprehensive immigration that respects the law of the land and our history as a nation of immigrants.”
Rep. Albio Sires (NJ-13): “Today the U.S. Supreme Court struck down key parts of Arizona’s SB 1070 that would have gone beyond federal law to criminalize currently civil violations. Unfortunately, the Court upheld the discriminatory provision in the state law that promotes unjustified questioning based on stereotypes of what an undocumented immigrant looks like or sounds like. With similar laws pending in several states, it is critical that the full impact of SB 1070 be understood. Allowing SB 1070’s ‘show me your papers’ provision to go into effect will have devastating consequences on Latino communities throughout the country.
“It is now more important than ever that Congress gets serious about passing comprehensive immigration reform to address our broken immigration system. The U.S. Government must also continue to exercise its authority to shape and enforce just and humane immigration policies.”
Rep. Ben Ray Luján (NM-03): “While the Supreme Court decision struck down a number of the provisions of SB 1070 and reaffirmed that immigration requires a solution at the federal level, I do have concerns with the part of the law that was left in place,” Congressman Ben Ray Luján said. “This decision serves as yet another reminder of the importance of passing comprehensive immigration reform at the federal level that fixes our broken system.”
Rep. Pedro R. Pierluisi (PR): "I think the Court’s decision—striking down three of four sections in the Arizona law and suggesting the fourth section will also be struck down if it is interpreted by Arizona courts as giving too much discretion to state officers—is thoughtful and comprehensive. It indicates that Arizona’s legislature overstepped its authority in key respects, and reinforces the federal government’s primacy with respect to establishing and enforcing our nation’s immigration laws.”