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This is an archive article published on June 27, 2012

Not like Arizona

US Supreme Court ruling on its harsh immigration law upholds a spacious idea of America

US Supreme Court ruling on its harsh immigration law upholds a spacious idea of America

On Monday,the Supreme Court of the United States (SCOTUS) rightly vacated the harshest aspects of Arizonas immigration law,intended to promote attrition (of illegal immigration) through enforcement. The law,passed in 2010,essentially criminalised unlawful presence in the state and empowered local law enforcement officials to demand immigration papers from anyone they detained for other reasons or had reasonable suspicion to believe was in the state illegally. While the SCOTUS has upheld the latter provision,for now accepting Arizonas claim that its officials would not engage in racial profiling,it has left it open to future reconsideration by the court. This is a significant judgment in an election year,especially as several other states,including Alabama,Georgia and Utah,have enacted similar legislation to deter illegal immigration in their states laws whose constitutionality may now come under question.

The ruling is a partial victory for President Barack Obamas administration and signals support for his recently-announced policy to suspend deportations of undocumented migrants who came to the US as children. With Hispanics constituting a significant electoral block,immigration policy has become an election issue,particularly with Republican nominee Mitt Romneys endorsement for the now largely defunct Arizona model. The SCOTUS ruling reaffirms the primacy of the federal government in framing immigration policy.

More,the ruling upholds the essential promise of America. Pared to its core,it is that of a nation built on migrant labour,where anyone can achieve success if they work hard enough. Arizona may just be one state,but its law set a dangerous precedent other states seemed keen to mimic. The American dream is shared and shored up by about 1.6 million Indian immigrants to the United States,the third-largest immigrant group in the country after Mexican- and Chinese-born immigrants. Though aimed at undocumented migrants,had the Arizona model prevailed,even those who are in the country legally would have faced discrimination and harassment from local officials.

 

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