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Arizona immigration law goes before Supreme Court

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    Legal experts preview case that pits feds against state

  • Duration 5:51
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Controversial Arizona immigration law heading to the US Supreme Court this week the High Court takes it on.

On Wednesday.

And -- Kelly vice president for immigration policy now because he's the center for.

American process progress good morning to both of you boy the implication morning -- huge here and my tea.

What what do you think the court will -- yet.

I think the court's gonna follow what it did in the Arizona immigration case last year.

And hold in fact that Arizona was.

Not only within its rights but was correct in applying immigration law consistent with federal policy but enforcement on the state level the state has an affirmative obligation.

To protect its citizens the Supreme Court the United States recognize that -- case and I think they're gonna do the same thing this year and the wrong rule on what question only -- -- -- -- 53.

A year ago Elena Kagan recused yourself.

And you do you agree with that assessment.

-- I don't -- it's a different case and I think the court will follow it up virtually all the lower courts have done.

Which is to strike down they show me your papers please laws.

I think the court will see that having a patchwork of fifty different immigration laws -- -- the national interest.

He can't tell somebody's carrying a right immigration papers anymore you can tell I pay my taxes last week.

And I think the court's gonna recognize it it's not good policy to have Arizona having one -- -- Illinois a different -- laws.

Doesn't make for good coherent United's.

How do you argue against yeah it's.

On it it isn't a break here but what Arizona as arguing -- is that the government Washington has not acted therefore they have no choice but to actually argue that.

Well that that's right but there's another important point and and I think -- about them.

Analysis -- is completely inaccurate.

The states have a valid role to play back the federal law that's in place that importantly you're right -- not being enforced properly.

Obvious that federal government says its lack of manpower.

But the reality is that federal law has -- a requirement that state law enforcement officers.

Contact federal officials.

When there is a question on immigration status so it's not as if the state government has no role to play in this argument that we just allow the federal government to make the decision.

Ignores the reality that the state of Arizona is under -- -- On its borders between the drug words that are going are with the with the games.

Coming across.

It's still -- -- illegal immigration policy are half a -- unforced -- and and exhibited worst of the state let me get analyst -- Montana right now is inexcusable because -- arguing that the -- clear already.

Well here's a -- yet here's what we do know is that the federal government says to the states.

We can enter into an agreement about what kind of immigration -- as you can and -- but the federal law has never said that you can stop anyone in just asking for papers that federal law has never said.

That you can how warrantless searches this goes in -- -- -- when he beyond what the federal law has said and let's just get down to what what the reality this kind of do reality is you can't.

You can't have.

Fifty different immigration laws you can't tell there's nothing if you're a bit hot weather channel wedding they had asked.

Whether they have their papers are not so what's what's bill there's not as -- -- Okay you -- on him yeah -- and I do talk anti and I -- let -- Finished just so our viewers are aware of these these are two of the specifications in the Arizona law.

You know that that has to be consider -- on the books right now police serve required to check immigration status if they suspect somebody is.

-- -- and not -- -- from this country in addition to that during that stop police can also.

Quite.

I don't know if they're immigrants visions at that other courts have struck down those of the provisions -- that the court has said don't pass Muster.

Why because -- -- -- -- off somebody went in there I didn't pass -- they have and it's time it.

Now I can products it's definitely an easier suddenly there was violence and the view -- -- -- the court -- lose sometime in June.

You're gonna have a health -- ruling that comes out you're gonna have -- immigration ruling that comes out -- the politics.

Off the contrary does it.

-- two cases will be -- huge.

What your best -- -- they will be huge because the ramifications from a policy.

Standpoint are significant but they'll let let's realize what's at stake here all this question about the officers have the right during a stop when they have suspicion.

To check -- status on immigration but -- Fifth Amendment due process challenge in this case this is a question of it is the federal government the preeminent and only authority to enforce immigration laws and the ninth -- -- last year that's not the -- when -- came.

To the mandatory -- sales about.

You can't tell whether it's right has their papers to him and this is so do you does your reality is that I'm sorry -- country currently is changing.

Thank you both I appreciate the passion I think it is rare when you -- -- to attorneys -- say nothing at the same time yeah.

Thank -- every moment to thank you may get -- go to foxnews.com slash America's -- -- there's -- BWAY box right there.

I'll leave your question shoot me an email hammered foxnews.com or on Twitter at Bill Hemmer because you asked to be why this won't be -- As we moved --

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