US Media Hold Split Views of Ruling on Arizona Immigration Law

Published in QQ
(China) on 26 June 2012
by XiaoHong Lv (link to originallink to original)
Translated from by Emily Zhang. Edited by Gillian Palmer.
On June 25, the U.S. Supreme Court struck down three of the four provisions in Arizona’s controversial immigration law because they violated the federal government’s exclusive power to set immigration policy. The Supreme Court upheld one provision: Arizona police officers cannot release any detained or arrested suspects before checking their legal status with the federal government. This is equivalent to recognizing the “papers please” provision, which allows Arizona police officers to stop and demand immigration papers — green cards, driver’s licenses or foreign passports — from anyone whom the officers [reasonably] suspect to be in the U.S. illegally.

It is worth noting that there were split reports among the American media: Some media reported that the Supreme Court’s ruling was “against” the major provisions of the Arizona immigration law, while others believed just the opposite. This phenomenon sufficiently reflected the interpretation of the ruling by and attitudes toward illegal immigration from all sectors of American society. One side argues that the ruling voided local laws that would override federal law, which is a victory; another side believes that the provision upheld by the Supreme Court is the key provision. Although one side’s understanding of victory is a far cry from that of the other, the general opinion holds that the Supreme Court's ruling will greatly affect the upcoming U.S. presidential election.

People who are concerned about the U.S. presidential election know that the overriding issue in this election is the economy. However, the U.S. economic recovery is weak and pessimistic when affected by the European debt crisis. In a recent poll, Americans believe that, regardless of whether Republican candidate Mitt Romney or President Barack Obama is elected, neither will be capable of improving the U.S. economy. Therefore, at this stage, no matter how hard the two parties promote their own economic ideas, voters now feel burnt out or even more pessimistic. Under such circumstances, social issues once again become a battlefield for both sides; the immigration issue is one with big influence.

According to some reports, the majority of illegal immigrants in the United States are Latinos; thus, the deportation of illegal immigrants will have a direct impact on voting choices by the 40 million Latino voters in the U.S. Some media even say, “Win over the Latinos, win the world.”* Currently, two-thirds of Latino voters support President Obama. Ten days earlier, Obama enacted an executive order to stop the repatriation of undocumented young people whose situations are in line with specified conditions; up to 80 million people, with the majority being Latinos, could benefit from the order. The public generally considers that Obama has made a killer move to win re-election.

Obama has always opposed the Arizona immigration bill, and thinks it is the most severe immigration law in history. After the Supreme Court declared the ruling, Obama issued a statement expressing his satisfaction with the ruling; then he pointed to Congress’ inaction and demanded the legislative bodies to take immediate action to promote the reform of immigration laws. But at the same time, he expressed concern over the Supreme Court’s support for Arizona police officers to stop anyone they suspect of staying in the U.S. illegally. The ruling may promote racial discrimination of the Latino population, which would lead to more serious social problems.

In contrast, the Republican Party has a stricter attitude when dealing with the problems of illegal immigrants. They believe that Arizona and other states introduced their own laws because of the Obama administration’s ineffective combat against illegal immigration. Republican presidential candidate Mitt Romney said that when the federal government abandons its duty, state governments have the responsibility and authority to ensure border security. At present, several states in the U.S. have issued similar immigration laws; some non-border states are also considering the introduction of similar legislation. Therefore, from a legal perspective, the Supreme Court's ruling on Arizona’s immigration law will have a profound impact upon other states’ immigration laws.

*Editor’s Note: This quotation, while accurately translated, could not be verified.


美国最高法院25日宣判,否决了亚利桑那州移民法有争议的四个条款中的三个,因为这些条款侵犯了联邦政府管理移民事务的权力,但另外一个条款得到最高法院的支持:最高法院裁定亚利桑那州的警察在释放被关押或扣留的嫌疑人之前应当向联邦政府确认其合法身份,否则不予释放。这也等于是认可了亚利桑那州的警察有权盘查被怀疑是非法移民的人、并要求其出示美国绿卡或驾照以及外国护照等合法证件这一条款。
值得注意的是,美国各大媒体在报道这一事件时呈现出两极分化,有些媒体称最高法院的裁决“反对”亚利桑那州移民法的重要条款,而有些媒体则认为高法的裁决“支持”该移民法重要条款,这充分反应出美国社会各界对于这一裁决的解读和在非法移民问题上的态度。一方认为,这一裁决避免让地方法律凌驾于联邦法律之上,因而是一场胜利;另一派则认为,得到最高法院支持的那项条款才是真正的重要条款。虽然双方对待胜利的理解相去甚远,但舆论普遍认为,高法的裁决将极大地影响即将到来的美国大选。
关注美国大选的人都知道,本次大选压倒一切的议题就是经济。然而,受欧洲债务危机影响,美国经济复苏乏力,前景极不乐观。一项最新的民调显示,美国民众认为,不管是奥巴马总统连任还是共和党候选人罗姆尼问鼎白宫都无力改善美国经济,所以现阶段无论双方如何卖力地宣扬自己的经济主张,都已经让选民感到倦怠甚至是更加悲观了。在这种情况下,社会问题又重新成为双方博弈的战场,而非法移民则是其中影响较大的一个问题。
据报道,在美的多数非法移民都是拉丁裔,因此对非法移民的处置将直接影响到全美4千多万拉丁裔选民的选择,甚至有媒体称“得拉丁裔者得天下”,而现任总统奥巴马在拉丁裔选民中的支持率高达三分之二。就在10天前,奥巴马颁布了一项行政令,停止遣返合乎指定条件的非法移民青少年,估计有多达80万人因此而获益,这其中很大一部分是拉丁裔,此举被普遍认为是奥巴马为争取连任而祭出的一招杀手锏。
对于亚利桑那州移民法案,奥巴马一直都持有反对意见,并且认为这是史上最严厉的移民法。在最高法院宣布裁决之后,奥巴马发表声明,对高法的裁决表示满意,并立即把矛头指向无所作为的国会,要求立法机构立即行动,推进移民法改革;但他同时对于高法支持警察有权盘查被怀疑是非法移民的人这一条款表示担忧,因为这有可能会变相成为对拉丁裔族群的种族歧视,进而引发更严重的社会问题。
相比之下,共和党在对待非法移民问题上所持的态度较为严厉。他们认为,正是由于奥巴马政府打击非法移民不力,才迫使亚利桑那州等地方政府不得不出台自己的法令,以确保边境安全。共和党总统候选人罗姆尼称,当联邦政府失职的时候,州政府有责任和权力确保边界安全。目前,美国已有多个州出台了类似的移民法,还有一些非边境地区的州也正在考虑出台相似的法案。因此,此次最高法院对亚利桑那州移民法的裁决在法律层面上也必将对全美其它州的移民法产生深远的影响。
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