Nature of the issue
The state senate of Arizona in the year 2010 enacted a statute popularly known as S.B 2010 to resolve the unrelenting issues concerning the large population of illegal aliens in the locality or state. However the United States federal government sought to have S.B. 2010 pre-empted. The federal government complained that the statute did comply with the national alien registration. The State law fails to give way to federal law governing alien registration, states are prevented from governing conduct in an area which the congress has determined should regulated by its exclusive governance. A preliminary injunction in favour of the United States was issued, preventing four provisions of S.B 2010 from taking effect. The district court found that the federal government of U.S had established success likelihood on its pre-emption concerns. However subsequent developments at the court of appeal and Supreme Court ensued on the same.
Ruling
The Supreme Court rejected the challenge of the united states government on S.B 2010 giving a recognition that at the present stage, without the advantage of a definitive interpretation from the district courts, it would be inappropriate to take an assumption that section 2B of S.B 2010 would be construed in a way which it would encounter the federal law. However, it overturned all sections of the statute which violate the Federal constitutional principle of pre-emption. Only the federal government can enact laws governing naturalization and immigration. There is no absolute legal ground to assert the states’ rights or states’ sovereignty.
Effects on human and civil rights
In Arizona, the people who reside without legal authority, the individuals working close to individuals, such as Latinos, without authorization papers claim that this state law; SB 1070 signifies the greatest onerous section of the law. The court ruling on the state law;SB1070 argue leaves some individuals; U.S. citizens include, who have the eye, skin and hair, colours which are often linked to the appearance of illegal immigrants, open to endorsed police intimidation and harassment.
This decision by the Supreme Court inspires more discriminatory laws like Arizona's SB 1070 to be enacted which propagate extensive racial profiling against Asian-Americans, Latinos, and other individuals reputed to be immigrants basing on their appearances and sound. These laws legalize the rampant police actions of demanding citizenship or immigration status proof from any individual they suspect of being illegally in the country.
