Faith leaders’ vigil outside the U.S. Supreme Court during the days the Court was deliberating on SB 1070. Photo: Jen Smyers/CWS
New York, N.Y. – By striking down three out of four provisions of Arizona’s anti-immigrant law SB 1070, the U.S. Supreme Court today “has gotten some points right, but has unfortunately left the question of racial profiling to another day and thus prolonged civil and human rights abuses in Arizona,” according to the Rev. John L. McCullough, Executive Director and CEO of Church World Service.
The Court failed to reject SB 1070’s racial profiling provision, but rejected the law’s other provisions. Even the racial profiling provision was so narrowly upheld, in a 5-3 decision, that the Court left the door wide open to future legal challenges.
“By striking down the majority of SB 1070’s provisions, the Supreme Court sent a strong warning to states considering such laws that they are contrary to this nation’s values,” said McCullough of CWS, a global humanitarian agency addressing hunger and forced displacement. “We pray that this racial profiling section will have the same fate as the other sections of SB 1070 – that it will be struck down in future legal battles.”
“Immigration policy is both complicated and influenced by the times in which we live, but we can achieve the common good of equal protection under the law of all people, no matter what they look like or where they come from,” McCullough continued. “Our undocumented brothers and sisters live and work among us, pay taxes, start businesses, and contribute to U.S. economic and cultural life. We will continue to stand in solidarity with them against anti-immigrant laws and in support of positive, humane immigration reforms.”
The full text of McCullough’s statement follows:
By John L. McCullough
Today the U.S. Supreme Court got it right when it struck down key elements of Arizona’s SB 1070, a law we contend is not only unconstitutional but also immoral. However, by failing to reject the law’s racial profiling provision, the Court has unfortunately left the question of racial profiling to another day, and thus prolonged civil and human rights abuses in Arizona.
Good laws support the common good and the right to liberty and dignity, but SB 1070 and copycat laws in four other states have sown public chaos. We pray that this racial profiling section will have the same fate as the other sections of SB 1070 – that it will be struck down in future legal battles.
We’ve seen the negative impacts of these policies. Community trust has been eroded. People should not be afraid to report crimes they witness or are victimized by, for fear that they or a loved one could be deported as a result. Did the authors of the Constitution ever envision an America where children fear going to school lest when they come home they’ll find their parents have been detained or deported? Even citizens and lawful permanent residents whom police have determined “look undocumented” have been stopped, harassed, and imprisoned overnight or longer until a family member or friend could locate and bring documentation of their status. Without clarity from the Supreme Court on this racial profiling provision – these abuses of civil and human rights will continue.
There have also been severe negative economic consequences. Arizona has lost billions in tourism and conventions revenue. In Georgia, farmers lost millions of dollars as crops rotted in the fields for lack of farm workers, and in Alabama, the potential economic loss is estimated at two to ten billion dollars.
It is not by chance that this year, not one single state has passed a copycat SB 1070 law. Increasingly, states are rejecting Arizona’s example, recognizing that the public does not support mean-spirited, anti-immigrant laws that separate families, reduce community safety, and negatively impact immigrants and U.S. citizens alike. By striking down the majority of SB 1070’s provisions, the Supreme Court sent a strong warning to states considering such laws that they are contrary to this nation’s values. The Court also emphasized that immigration policies should be set at the federal, rather than the state level.
All people are created in the image of God and loved by God. Immigration policy is both complicated and influenced by the times in which we live, but we can achieve the common good of equal protection under the law of all people, no matter what they look like or where they come from.
Our undocumented brothers and sisters live and work among us, pay taxes, start businesses, and contribute to U.S. economic and cultural life. We should not rest until they are given the ability to make their status right with the law. As Church World Service, we will continue to urge all members of Congress to support and enact humane immigration reforms.
In faith, many people stood in front of the Supreme Court continuously during a 48-hour prayer vigil as the Supreme Court justices prepared to hear the arguments around Arizona’s SB 1070. In faith, we will continue in prayerful mission with immigrants in our communities, believing yet again in the generosity of the principles upon which this country was founded.