Reaction to Supreme Court SB 1070 ruling

The U.S. Supreme Court ruled 8-0 on Monday that a controversial part of Arizona Senate Bill 1070, known as the “stop and check” provision, is constitutional and law enforcement officers in the state can check someone’s immigration status if they have reasonable suspicion the person is in the country illegally.

Leaders in law enforcement and politics were quick to speak out on the Supreme Court’s historic decision.

Sen. Steve Smith, a Republican who represents District 23 in the State Senate, called the court’s ruling “a great day for Arizona.”

Smith was driving to the Capitol Monday morning for a Republican press conference on the ruling.

Smith, whose district includes Maricopa, said he was concerned the court didn’t uphold three other provisions of the bill making it a state crime for an immigrant not to carry papers, allows for warrant-less arrest in some situations and forbids an illegal immigrant from working in Arizona.

“This is unfortunate but the main part of bill was upheld 8-0 unanimously,” he said.

He said for the three provisions that didn’t get the high court’s approval, the Arizona Legislature will “clear up some of the language” in its next session.

Henry Wade, Democratic candidate for Pinal County Supervisor District 4, said in a written statement the “stop and check” provision walks “a thin line relating to profiling, be it racial or otherwise.”

He said the provision will be challenged.

Wade said Republicans are using immigration as a way to distract voters from the real issues, which are jobs and the economy.

“Voters will not once again be distracted by SB 1070 the same way extremists were able use it to capture the State Capitol no matter how loud and often they try to distort the facts,” he said.

State Rep. Frank Pratt, a Republican who represents District 23, said the law likely will be challenged by lawsuits as law enforcement officers attempt to enforce it.

“We will go through a round of lawsuits,” he said. “I believe that will be the result.”

Pratt, who lives in Casa Grande, said Monday’s ruling was what many state Republicans had expected. “We didn’t think that all four provisions would be accepted.”

Supreme Court Justice Anthony Scalia was the most vocal of the justices in his dissent of the court striking down 5-3 the three other provisions, saying their decision “boggles the mind.”

Pinal County Sheriff Paul Babeuf defended Scalia.

“I agree with Justice Scalia when he said Arizona bears the brunt of the country’s illegal immigration problem,” Babeu said. “Federal officials have been unable to remedy the problem, and indeed have recently shown that they are unwilling to do so.”

Babeu also was critical of the U.S. Attorney General’s office.

“Contrary to what Attorney General Eric Holder believes, law enforcement does not racially profile but rather they enforce laws in a fair and impartial manner,” he said. “Law enforcement is entrusted to make life and death decisions certainly we can be trusted to make these decisions.”

Brenda Hermanson, Maricopa Republican Club president, said the federal government has not done its job stopping the flow of illegal immigration.

“Each state has the duty, and the right, to secure our borders and preserve the rule of law as written by Congress, especially when the federal government has failed to meet its responsibilities,” she said. “It’s time for the federal government to step up to its Constitutional responsibility to secure our borders, enforce our immigration laws fairly, and to partner with states rather than sue them.”