The Role of Congress, President and the Supreme Court in Defining Immigration Policy in the United States

Abstract

In the absence of comprehensive immigration reform in the US, many states and local governments have attempted to enact their own immigration policies. In 2010, Arizona legislature passed the Support Our Law Enforcement and Safe Neighborhoods Act (referred to as SB‑1070, the version introduced in Arizona’s senate) to decrease illegal immigration within the state.
A few months before the presidential elections of 2012, two issues – healthcare and immigration – became the main focus of Barack Obama’s second presidential campaign, especially because the US Supreme Court agreed to review the constitutionality of both acts: federal law – Patient Protection and Affordable Care Act, and state law – SB‑1070. The decisions of the Supreme Court were eagerly anticipated and, quite surprisingly, they brought the president a double victory in June 2012.
The Supreme Court confirmed that states lack the power to regulate immigration issues and create their own immigration policy. Its ruling preserved federal control over immigration. However, in light of the inability of Congress to pass a comprehensive immigration law, we may expect a gridlock resulting in temporary measures aimed to solve the most crucial problems with executive orders of the president, or further changes in enforcement policy.