1. Despite initial characterization in the press as a split
decision, the Supreme Court's ruling in Arizona v. United
States is a significant victory for opponents of the Arizona
immigration law.
2. The Court upheld lower court rulings striking down key
provisions of an Arizona law that would have (a) criminalized
failure to comply with immigration registration requirements, (b)
criminalized illegal immigrants seeking employment, (c) provided
authority to state law enforcement officers to make warrantless
arrests of certain aliens suspected of being in the U.S.
illegally.
3. The Court upheld, contrary to lower court decisions, a
provision of the Arizona law that allows a state law enforcement
officer to consult with federal immigration officials regarding the
status of an otherwise lawfully detained individual when the
officer suspects such individuals of being in the U.S. unlawfully.
The Court made clear, however, that it expects this authority to be
narrowly