Brewer was referring to the law’s Section 2(B), which the justices upheld.
Justice Anthony Kennedy, writing for the high court majority, said the time was not ripe to review section 2(B). He wrote: “At this stage, without the benefit of a definitive interpretation from the state courts, it would be inappropriate to assume Section 2(B) will be construed in a way that creates a conflict with federal law….As a result, the United States cannot prevail in its current challenge.”
Kennedy also said the court’s ruling should not prevent other challenges to the law “after it goes into effect.”
Arizona may yet face some roadblocks. A senior U.S. Dept. of Homeland Security official told reporters after the ruling, “We will not allow a state to set our enforcement priorities.” He said they include focusing on those in the U.S. illegally, including those who have committed crimes.
Some leading congressional Democrats also used the court’s announcement as a reason to call for action on long-stalled legislation to revamp immigration policy. ASA’s Usher says, “We look for this ruling to be a catalyst for Congress to do something” in terms of comprehensive immigration reform.
But no major immigration bill is likely to go anywhere in the current congressional session.