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Center for Immigration Studies
Supreme Court Gives Some Support to Arizona’s S.B. 1070
By
Jon Feere and
Jon Feere on June 25, 2012
The federal government estimates that Arizona has one of the fastest growing illegal immigrant populations in the country, increasing from 330,000 in 2000 to 560,000 by 2008. In an effort to alleviate some of the problems associated with illegal immigration, Arizona passed S.B. 1070, the “Support Our Law Enforcement and Safe Neighborhoods Act,” which is designed to “discourage and deter” illegal immigration. The Obama administration filed suit against Arizona, arguing that the state did not have the authority to enforce the act. Four provisions of S.B. 1070 went before the Supreme Court, and one section, Section 2(B) was upheld. Section 2(B) was the key component of S.B. 1070 and the Court has made it clear that states have a role to play on immigration. Three sections were found to be preempted, Sections 3, 5(C), and 6.
The opinion is online at:
http://www.supremecourt.gov/opinions/11pdf/11-182b5e1.pdf
The outcome is as follows:
UPHELD:
Section 2(B): Requires Arizona law enforcement to make a reasonable attempt, when practicable, to determine a person's immigration status during a "lawful stop, detention, or arrest" if there is a reasonable suspicion "that the person is an alien and is unlawfully present in the United States."
PREEMPTED
Section 3: Makes "willful failure to complete or carry an alien registration document" a state crime.
Section 5(C): Makes it a misdemeanor for "a person who is unlawfully present in the United States and who is an unauthorized alien to knowingly apply for work, solicit work in a public place, or perform work as an employee or independent contractor in [Arizona]."
Section 6: Authorizes state and local officers to make arrests without warrant where there is probable cause to believe "the person to be arrested has committed any public offense that makes the person removable from the United States."
Practical Matters:
Section 2(B) was the key provision in S.B. 1070, and it was upheld. The ruling lends more support to the fact that states have a role to play when it comes to deterring illegal immigration. While the decision was not a complete win for Arizona, Section 2(B) will have a significant impact in that it will allow local law enforcement to serve as a force-multiplier for immigration law enforcement.