Case of Arizona Et Al. V. United States Case Study

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Arizona vs. USA

The recent Supreme Court spat between the United States and the state of Arizona has raised some interesting questions. These questions include whether and when laws are clearly discriminatory in nature, whether the federal government should have sole dominion over immigration enforcement, whether the federal government is indeed doing its assign duties as far as immigration enforcement goes and what levels of involvement the state can or should have given the answers to the above. While the points made by the United States are certainly valid and the decision by the Supreme Court is technically valid because the state law SB 1070 should indeed be enjoined, the court also made a valid point by stating that it is not beyond the pale to consider whether or not the state law even conflicts with the federal one.

Analysis

As ordered by the parameters of this assignment, this is not an opinion piece. That being said up front, it is clear that while the federal government is charged with and empowered to create and enforce the immigration laws of the United States, it is crystal clear that they are not doing so all that well. The main manifestation of this being proven true is the fact that the current talk about a mass legalization of illegal immigrants is by no means new. Mass legalization was actually done already in the 1960's and then again in the 1980's. This would mark the third time in a half century that this topic has come up. The resistance to the mass legalization and the suppression of state involvement in arresting and deporting illegal immigrants is quite palpable now because the repetitious cycle of not enforcing the law nearly strongly enough and then effectively rewarding those that ignore the law is a pattern now and many people at the federal and state levels of government want to break that vicious cycle.

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As far as what this all means to Arizona and what led to the actions that came before the Supreme Court, it is clear that Arizona's proximity to the Mexico and their fairly predictable anger directed towards the United States government has led them to at least empower themselves to enforce federal law that is already on the books and has been for some time. To be fair, a person that is in the United States in absence of a valid visa or other legal immigration status is breaking the law. However, if a state or local law enforcement agent catches such a person, they are now often being told that they have no authority or responsibility to do anything negative to that person and that they are being racist because they are singling out Hispanics. The federal government, even if they wanted to, does not the resources to enforce these laws on their own and it stands to reason that they should welcome the help of state and local authorities if they are able and willing to help.

However, while racism is certainly possible and is a valid point of argument either in court or in general, to suggest that "having one's papers" has racist connotations is quite dubious. Just as one….....

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