Bill Text: NJ SR71 | 2012-2013 | Regular Session | Introduced
Bill Title: Expresses both approval of, and disappointment in, the opinion issued by the United States Supreme Court on June 25, 2012 in Arizona v. United States; urges the President and Congress to reform immigration laws.
Sponsorship: Partisan Bill (Democrat 5)
Status: (Passed) 2012-06-29 - Filed with Secretary of State [SR71 Detail]
Download: New_Jersey-2012-SR71-Introduced.html
Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
Senator M. TERESA RUIZ
District 29 (Essex)
Co-Sponsored by:
Senators Buono, Cunningham and Pou
SYNOPSIS
Expresses both approval of, and disappointment in, the opinion issued by the United States Supreme Court on June 25, 2012 in Arizona v. United States; urges the President and Congress to reform immigration laws.
CURRENT VERSION OF TEXT
As introduced.
A Senate Resolution expressing both approval of, and disappointment in, the opinion issued by the United States Supreme Court in Arizona v. United States and urging the President and Congress to reform the immigration laws.
Whereas, In Arizona v. United States, 2012 U.S. LEXIS 4872, decided June 25, 2012, the United States Supreme Court struck down several provisions of an Arizona enactment concerning immigrants and upheld one provision of the enactment; and
Whereas, The Supreme Court held that portions of the enactment under consideration, the "Support Our Law Enforcement and Safe Neighborhoods Act," Arizona S.B.1070, enacted in 2010, were preempted by federal law; and
Whereas, The provisions struck down by the court, Ariz. Rev. Stat. Ann. Secs. 13-1509, 13-2928(C), and 13-3883(A)(5), made it a misdemeanor under Arizona law to fail to comply with federal requirements for alien registration or for an unauthorized alien to seek or engage in work in Arizona; these provisions also authorized Arizona law enforcement officers to arrest without a warrant a person "the officer has probable cause to believe . . . has committed any public offense that makes the person removable from the United States"; and
Whereas, The Supreme Court cited to the Supremacy Clause of the United States Constitution, which states that federal law "shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws or any State to the Contrary notwithstanding," 2012 U.S. LEXIS 4872 at 18-19, and noted that under this principle, Congress has the power to preempt state law; and
Whereas, The Supreme Court held that with respect to the subject of alien registration, Congress intended to preclude states from enforcing additional regulations; with respect to the subject of aliens engaging in unauthorized work, Congress chose to not impose criminal penalties; and with respect to the subject of arresting a person without a warrant on grounds that a state law enforcement officer "has probable cause to believe" the person has committed an offense that would warrant removal from the United States, Congress has not granted state officials such authority; and
Whereas, The Supreme Court held that because it was unclear whether one portion of the enactment, Ariz. Rev. Stat. Ann sec. 11-1051(B), was preempted by federal law, this provision would not be struck down; the provision requires Arizona law enforcement officials, in "any lawful stop, detention or arrest," to make "a reasonable attempt" to determine the immigration status of a person "where reasonable suspicion exists that the person is an alien and is unlawfully present in the United States;" and
Whereas, The Supreme Court held that because Ariz. Rev. Stat. Ann sec. 11-1051(B) "could be read to avoid" constitutional concerns that individuals could be detained solely to verify their immigration status, and that this provision of the enactment "only requires state officers to conduct a status check during the course of an authorized, lawful detention or after a detainee has been released," and therefore "the provision likely would survive preemption - at least absent some showing that it has other consequences that are adverse to federal law and its objectives," the court would not strike it down; and
Whereas, Despite the court's rationale for upholding Ariz. Rev. Stat. Ann sec. 11-1051(B), it is the sense of the Senate that the provision can be used as a pretext for racial profiling, discrimination, and harassment of minorities; now therefore,
Be It Resolved by the Senate of the State of New Jersey:
1. This House commends the United States Supreme Court for the portion of its decision in Arizona v. United States striking down provisions of Arizona S.B.1070 concerning alien registration, alien employment, and arrest without a warrant.
2. This House respectfully expresses its disappointment in that portion of the decision in Arizona v. United States upholding the provision that allows state law enforcement officers during a stop, detention or arrest to attempt to determine the person's immigration status if there is "reasonable suspicion" that the person "is an alien and is unlawfully present in the United States."
3. This House respectfully urges Congress and the President to enact comprehensive reform of the country's immigration laws which would recognize the civil rights of all persons living in this country.
4. Duly authenticated copies of this Senate resolution, signed by the President of the Senate and attested by the Secretary thereof, shall be transmitted to the Justices of the United States Supreme Court, the President and Vice President of the United States, the Majority and Minority Leader of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, and every member of Congress elected from this State.
STATEMENT
This Senate resolution commends the United States Supreme Court for the portion of its decision in Arizona v. United States, 2012 U.S. LEXIS 4872, decided June 25, 2012, that struck down provisions of Arizona S.B.1070 concerning alien registration, alien employment, and arrest without a warrant. The Resolution respectfully expresses its disappointment in that portion of the decision upholding the provision that allows state law enforcement officers during a stop, detention or arrest to attempt to determine the person's immigration status if there is "reasonable suspicion" that the person "is an alien and is unlawfully present in the United States."
The resolution respectfully urges Congress and the President to enact comprehensive reform of the country's immigration laws which would recognize the civil rights of all persons living in this country.
Duly authenticated copies of this Senate resolution would be transmitted to the Justices of the United States Supreme Court, the President and Vice President of the United States, the Majority and Minority Leader of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, and every member of Congress elected from this State.
