Rod Boshart, CR Gazette –
DES MOINES — The U.S. Supreme Court’s ruling Monday that struck down most of a controversial Arizona immigration law likely slowed Iowa policymakers from trying to adopt similar provisions or step up enforcement, a legal expert said.
“What it does is it slows us down from starting some crazy thing like they did in Arizona and Alabama and South Carolina,” said James Benzoni, a Des Moines attorney who formerly taught immigration law as an adjunct faculty member at Drake University Law School. “It more shuts the door, rather than opens the door.”
The 5-3 decision struck down as unconstitutional most of Arizona’s law aimed at cracking down on illegal immigrants. The justices did uphold a “show me your papers” provision, which requires state and local police to perform roadside immigration checks of people they’ve stopped if the officer has reasonable suspicion.
That was cause for celebration among the law’s supporters.
“Today the Supreme Court preserved the most important component of the Arizona law — the provision that allows law enforcement, when reasonable suspicion standards are met, to request that an individual produce identification and verify their immigration status,” said U.S. Rep. Steve King, a Kiron Republican who represents Iowa’s 5th congressional district in northwest Iowa.
Benzoni doubted the enforcement provision the court left standing would change procedures for law officers in Iowa, because it would present an unfunded mandate for state and local authorities.
Tim Albrecht, Gov. Terry Branstad’s spokesman, said the Republican governor “does not believe Iowa needs to do anything differently based on this ruling. The governor believes we should encourage legal immigration while enforcing the immigration laws currently on the books.”
Members of Iowa Citizens for Community Improvement expressed concern, however, that the ruling would “open the floodgates to racial profiling and Arizona-style anti-immigrant laws” in other states.
“With this decision, the Supreme Court is going backward on civil rights and trampling on the U.S. Constitution,” said member Victor Torres.
Ben Stone, executive director of the American Civil Liberties Union of Iowa, said he was disappointed that the justices let stand the “show-me-your-papers” provision but is heartened that Iowa legislators have “wisely avoided the Arizona approach.”
Benzoni said the Supreme Court’s decision sends a strong message to Congress that immigration law is something that should be decided at the federal level.
“As far as Iowa goes, I think it just slows us down and keeps us from going down a road that would only hurt us, and it keeps us from having a debate that would turn hateful really quickly — you know, us versus them,” Benzoni said. “I think this Supreme Court decision slows down all that rhetoric. It dampens it. It makes it take a more common-sense turn, because it appears to me to be a pretty common-sensical deal.”
