Monday, May 28th, 2018

How Arizona v. United States Casts Doubt on the Validity of Federal Immigration Detainers

"The Court’s June 25, 2012 decision in Arizona v. United States struck down three of the four challenged sections of Arizona’s “Support Our Law Enforcement and Safe Neighborhoods Act,” colloquially known simply as “S.B. 1070.”  Two of these provisions created state crimes to punish immigrants for not carrying federally required registration documents and for seeking work without authorization; the third provision expanded state arrest authority to allow police to arrest suspected immigration violators.  The Court held that these legislative efforts were preempted by comprehensive federal regulation of immigration enforcement.  The Court additionally left open the possibility that the fourth challenged provision of S.B. 1070, requiring Arizona police officers to run immigration status checks on suspected immigration violators, might be held unconstitutional or preempted, depending on how the law is actually applied.