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Berardi Immigration Blog
Supreme Court Agrees to Hear Challenges to Arizona Immigration Law PDF Print E-mail
Monday, 12 December 2011 15:21

The U.S. Supreme Court on Monday announced that it will review challenges to the constitutionality of Arizona’s immigration law, Senate Bill 1070.

Arizona Gov. Jan Brewer responded to the Supreme Court’s decision, saying she is “confident the High Court will uphold Arizona’s constitutional authority.” The governor said this is not just about Arizona, it’s about every state dealing with illegal immigration, and she hopes a court ruling will offer states some direction for pursuing immigration policy.

The Justice Department sued Arizona last year, arguing that S.B. 1070 went beyond what the federal government allows in terms of enforcing immigration law. Federal Judge Susan Bolton ruled that provisions of the law were unconstitutional and that Arizona was trying to assume immigration enforcement, which is the role of the federal government.

Gov. Brewer responded by saying that “Arizona has been more than patient waiting for Washington to secure the border.” She pointed out that the federal government was not doing enough about illegal immigration and that border states were unfairly bearing the costs and problems of illegal immigration and federal inaction much more than other states.

In April, the 9th Circuit U.S. Court of Appeals upheld Judge Bolton’s decision, which stopped several key provisions of SB 1070 from going into effect on July 29. These included:

  • requiring immigrants to obtain or carry immigration registration papers at all times
  • making it a criminal offense for an illegal immigrant to look for work or hold a job
  • allowing police to arrest suspected illegal immigrants without a warrant

Judge Bolton allowed several provisions of the law to be enforced, which included requiring local law enforcement to enforce federal immigration laws to the fullest extent, making it a crime to transport or harbor an illegal immigrant, and making it a crime to pick up a day laborer in a roadway if it obstructs traffic.

Following Arizona, several other states passed laws similar to S.B. 1070. To date, the U.S. Department of Justice has filed suits against immigration laws in Alabama, South Carolina and Utah, and is reviewing laws in Georgia and Indiana.

No date has been set for hearing the case, which has been called Arizona v. United States.