FREE e-Newsletter
Important News - Hot Topics
Get them Now!

Dynamic Plaques - FVT Plaques
FVT Plaques is introducing new dynamic plaques to recognize police and sheriff's...

Security Policy and the Cloud

Ask The Expert

Mark Rivera

FBI-CJIS Security Policy Compliance Officer

Mark Rivera, Customer Retention Manager and CJIS Security Compliance Officer with Vigilant Solutions, served for sixteen years with the Maryland State Police, retiring at the rank of First Sergeant with thirteen of those years at the supervisory and command level. He holds a Master of Science Degree in Management from The Johns Hopkins University and Secret clearance through the FBI, Baltimore.

Top News

Supreme Court Reins In Ariz. Immigration Law

June 25, 2012  | 

Photo: POLICE file
Photo: POLICE file

The U.S. Supreme Court gave ammunition to supporters and detractors of Arizona's tough immigration law, which was left partially intact by a ruling that's not likely to be the final word on the subject.

The court on Monday let stand SB 1070's "show me your papers provision" that allows officers to ask check the immigration status of subjects during a legal detention, said Devallis Rutledge, a veteran prosecutor who writes POLICE Magazine's "Point of Law" column.

Rutledge, who will expand on the ruling in the August issue of POLICE Magazine, said Monday's ruling doesn't change much for patrol officers. Two earlier court decisions—INS v. Delgado (1984) and Muehler v. Mena (2005)—already gave officers the right to check immigration status during a lawful detention.

"For enforcement officers, it really doesn't change anything," Rutledge told POLICE. "As long as we've lawfully got them stopped, it's no additional burden on their Fourth Amendment rights to ask about their immigration status."

However, the court in a 5-3 decision did strike down three of the law's tougher provisions, overturning sections that would have criminalized the failure to carry federal registration documents, penalized aliens who engage in unauthorized employment, and allow warrantless arrests of suspected undocumented aliens.

In his majority opinion, Justice Anthony Kennedy said federal law prevents these provisions from being enforced by Arizona.

"The national government has significant power to regulate immigration," Justice Kennedy wrote. "Arizona may have understandable frustrations with the problems caused by illegal immigration while that process continues, but the state may not pursue policies that undermine federal law."

Related:

Immigration Checks


Get Your FREE Trial Issue and Win a Gift! Subscribe Today!
Yes! Please rush me my FREE TRIAL ISSUE of POLICE magazine and FREE Officer Survival Guide with tips and tactics to help me safely get out of 10 different situations.

Just fill in the form to the right and click the button to receive your FREE Trial Issue.

If POLICE does not satisfy you, just write "cancel" on the invoice and send it back. You'll pay nothing, and the FREE issue is yours to keep. If you enjoy POLICE, pay only $25 for a full one-year subscription (12 issues in all). Enjoy a savings of nearly 60% off the cover price!

Offer valid in US only. Outside U.S., click here.
It's easy! Just fill in the form below and click the red button to receive your FREE Trial Issue.
First Name:
Last Name:
Rank:
Agency:
Address:
City:
State:
  
Zip Code:
 
Country:
We respect your privacy. Please let us know if the address provided is your home, as your RANK / AGENCY will not be included on the mailing label.
E-mail Address:

Police Magazine