WASHINGTON — The Supreme Court threw out key provisions of Arizona's crackdown on illegal immigrants Monday but said a much-debated portion could go forward on checking the status of suspects who might appear to be in the U.S. illegally.The court upheld the "show me your papers" requirement that police check suspects' immigration status.
Even there, though, the justices said the provision could be subject to additional legal challenges, and they removed some teeth by prohibiting officers from arresting people on immigration charges.The court announced that Thursday would be the last day of rulings this term, which means the decision on President Barack Obama's landmark health care overhaul probably will come that day.
The Arizona decision landed in the middle of a presidential campaign in which Obama has been heavily courting Latino voters and Republican challenger Mitt Romney has been struggling to win Latino support. During a drawn-out primary campaign, Romney and the other GOP candidates mostly embraced a hard line to avoid accusations that they support any kind of "amnesty" for illegal immigrants living in the U.S. Romney has lately taken a softer tone on immigration.
In Monday's decision, the court was unanimous on allowing the immigration status check to go forward. The justices were divided on striking down the other portions.
Justice Anthony Kennedy said the law could — and suggested it should — be read to avoid concerns that status checks could lead to prolonged detention.
The court struck down these three major provisions: requiring all immigrants to obtain or carry immigration registration papers, making it a state criminal offense for an illegal immigrant to seek work or hold a job and allowing police to arrest suspected illegal immigrants without warrants.
Arizona Gov. Jan Brewer said the ruling marked a victory for people who believe in the responsibility of states to defend their residents. The case, she said, "has always been about our support for the rule of law. That means every law, including those against both illegal immigration and racial profiling. Law enforcement will be held accountable should this statute be misused in a fashion that violates an individual's civil rights."