High Court Strikes Down Key Sections Of Arizona's Immigration Law

On June 25, 2012, the U.S. Supreme Court, with Justice Anthony Kennedy writing for the majority, ruled that several significant provisions of Arizona's immigration law, often referred to as S.B. 1070, are preempted by federal law. The Court also ruled that it was improper to enjoin another provision of the law. Of particular significance to employers, the Court ruled that section 5(C) of the law, which imposes criminal penalties on unauthorized aliens who are seeking or engaging in work in the state, is an obstacle to the federal regulatory system, namely the Immigration Reform and Control Act of 1986 (IRCA). Arizona v. United States, No. 11–182, U.S. Supreme Court (June 25, 2012).

Factual Background

In 2010, the state of Arizona enacted legislation (S.B. 1070) called the Support Our Law Enforcement and Safe Neighborhoods Act. At issue are four provisions of the statute. Section 3 of the law makes failure to comply with federal alien registration requirements a state misdemeanor. Section 5 makes it a misdemeanor for an unauthorized alien to seek or engage in work in Arizona.

Section 6 authorizes officers to arrest without a warrant a person "the officer has probable cause to believe . . . has committed any public offense that makes the person removable from the United States." Section 2(B) provides that officers who conduct a stop, detention, or arrest must in some circumstances make efforts to verify the person's immigration status with the federal government.

The United States filed suit against Arizona seeking to enjoin S.B. 1070. The U.S. District Court for the District of Arizona issued a preliminary injunction preventing these four provisions from taking effect and the Ninth Circuit Court of Appeals affirmed. However, one judge dissented from the decision to uphold the preliminary injunction against sections 2(B) and 6. The U.S. Supreme Court agreed to hear the case to resolve the question of whether federal law preempts and renders invalid the four sections at issue.

Legal Analysis

Justice Kennedy, joined in his majority opinion by four justices, first noted that the federal government has broad power over the subject of immigration and that federal governance of immigration and alien status is extensive. The Court also noted that the state of Arizona "bears many of the consequences of unlawful immigration" and that aliens in the state are reported to be responsible for a disproportionate share of serious crime.

The Court then...

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