Arizona v. United States
Today in the Community we are discussing Arizona v. United States, in which Arizona is asking the Court to review the Ninth Circuit’s decision barring it from enforcing several provisions of its controversial immigration law, S.B. 1070, on the ground that they are preempted by federal immigration law. (Lyle discussed the case, as well as the status of several challenges to similar laws in other states, on Monday.) We focus today on Arizona because the state’s petition is the only one currently pending before the Court. More coverage of the petition itself is here; the blog also hosted an online symposium this summer with extensive analysis of the case. We look forward to reading your comments.
Here is a summary of the four provisions that Arizona is currently prohibited from enforcing:
1. In Arizona, a police officer is required, when he makes any stop or arrest, to try to determine the individual’s legal right to be in the U.S., if he has “reasonable suspicion” that the person is an illegal alien. If an individual is arrested, he may not be released until his immigration status is verified by the federal government.
2. It is a crime to intentionally fail to obtain and carry legal immigration papers in Arizona.
3. It is also a misdemeanor under state law for an undocumented immigrant to apply for a job, publicly seek a job, or actually work in Arizona.
4. A police officer may arrest someone, without a warrant, if he has “probable cause to believe” that the person has committed any crime, anywhere, that would make that individual subject to being deported.