American Civil Liberties Union

The Supreme Court handed down a mixed decision Monday for Arizona and the handful of states that have copied its anti-immigrant law, SB 1070. Striking down three of the four provisions at issue in Arizona v. United States, the Justices affirmed the federal government’s exclusive role in enforcing immigration law. On the one hand, the Court delivered a significant rebuke to legislators who tried to make being an undocumented immigrant a crime. But on the other hand, the Court let stand the discriminatory “show me your papers” provision, or Section 2(B). And while it’s true that the Court sent a warning that Section 2(B) could still be ruled unconstitutional based on pending challenges (by the ACLU and other civil rights groups) focused more directly on racial profiling and prolonged detention, it nevertheless has thrown Arizona and other states into chaos by reversing the lower courts’ decision to block the “show me your papers” law. Arizona officials immediately announced that they would begin enforcing Section 2(B), even though the Supreme Court’s ruling does not immediately lift the order blocking. The Court’s decision now sends the case back to the lower district court in Arizona for further proceedings.