THE MEXICAN GOVERNMENT TAKES NOTE OF THE U.S. SUPREME COURT DECISION ON THE ARIZONA VS. UNITED STATES CASE REGARDING SB1070

The government of Mexico takes note of today’s decision of the United States Supreme Court in the Arizona vs. United States case regarding Arizona SB1070.

As Mexico has stated repeatedly, it has always affirmed the right of every country to issue and enforce its own laws within its territory. In this regard, the Mexican government acknowledges the court for ruling that sections 3, 5 (c) and 6 of the law are unconstitutional and continuing their suspension.
Section 6 would have authorized state and local officers to arrest a person without a warrant if the officer had “probable cause” to believe the person was subject to removal from the United States.

However, the Mexican government regrets that the Supreme Court did not find, in principle, reason to declare unconstitutional section 2 (b) of SB 1070 based on the precedence of federal law. This section empowers state officials to verify, under certain circumstances, the immigration status of individuals who are detained or arrested. The Mexican government takes note that the court’s decision leaves open the possibility for this section to be challenged once it enters into force and when the lower courts have definitively interpreted the provisions for its implementation. 

Since April 2010, Mexico has stated its firm conviction that SB1070 and other similar laws do not acknowledge the many contributions made by immigrants to their communities of destination. Laws such as these have a high political cost and do not improve the understanding between our societies. Implementation of these state laws could result in violations of the civil rights of Mexicans living in or visiting the states where they come into force.

This ruling will have broad legal and political implications, as will the future interpretations by U.S. courts of the sections that were not blocked. In addition, there are other legal proceedings ongoing against SB 1070 and similar legislation in other states. The Mexican government has supported each of these suits that have been brought by the U.S. government and U.S. civil society as a "Friend of the Court." In turn, Mexico has enjoyed the support of various Latin American countries in this effort.

The government of Mexico will continue to advocate for the adoption of measures that reflect the complementary nature of the economies and labor markets in North America. In order to promote the welfare, prosperity and competitiveness of the region, immigration must be legal, safe, orderly and respectful of human rights. Furthermore, by working together with U.S. civil society organizations and political actors, Mexico will continue to encourage an objective and respectful view of the Mexican communities in the United States.

The government of Mexico, through its embassy and consulates in the United States, will continue to keep the Mexican communities there informed of the scope and effects of today’s and all future decisions regarding the ongoing lawsuits. It will also continue taking all of the legal, political and diplomatic measures at its disposal to defend the fundamental rights of Mexicans in the United States, regardless of their immigration status.