1Center or American Progress |
United States v. Arizona
in the U.S. Supreme Court
Arizona v. United States
in the U.S.Supreme Court
A Primer on the Legal Arguments in Landmark States’Rights Case
Marshall Fitz and Jeanne Butterfield April 2012
Tis monh he U.S. Supreme Cour will hear oral argumens in a landmark case,
Sae o Arizona v. Unied Saes
which challenges he auhoriy o a sae o enac is own immi-graion enorcemen laws insead o ollowing ederal regulaions. A decision is expecedin he case beore he Cour adjourns a he end o June.Te Supreme Cour’s decision will go ar in delineaing he exen o which, i a all, anindividual sae can engage in immigraion enorcemen and wha rules a sae can makerelaed o he immigraion saus o individuals living in ha sae. Hisorically, saeeors o enorce immigraion laws and make immigraion policy have been consi-uionally barred or pre-emped because immigraion policy is exclusively a ederalresponsibiliy. Te Arizona law, S.B. 1070, and similar measures in Alabama, Georgia,Souh Carolina, and Uah, are, in eec, challenging ha principle o ederal supremacy in he eld o immigraion.Four key provisions in S.B. 1070 will be subjeced o he Cour’s scruiny:
he “show me your papers” secion, which requires every Arizonalaw enorcemen ocer o veriy he immigraion saus o every person sopped,arresed, or deained i he ocer has a “reasonable suspicion” ha he person is inhe counry unlawully
he secion ha makes i a crime under Arizona law or an immigran o ailo carry heir “alien regisraion documen”
he secion o he law ha criminalizes unauhorized work
he secion ha allows warranless arress i an ocer has “probable cause”o believe ha a person has commited a crime ha makes ha person removable romhe counry
APRIL 23, 2010:
S.B. 1070 signed intolaw with the stated purpose o mak-ing “attrition through enorcementthe public policy o all state and localgovernment agencies in Arizona.”
JULY 6, 2010:
U.S. Department o Justice les suit to block the imple-mentation o S.B. 1070.
JULY 28, 2010:
U.S. District Courtgrants a preliminary injunction nd-ing that ederal law likely pre-emptsour specic provisions o the Arizonalaw–sections 2B, 3, 5(C), and 6.
APRIL 11, 2011
: Ninth Circuit Courto Appeals upholds the preliminaryinjunction.
AUGUST 10, 2011:
State o Arizonales a petition or review with the U.S.Supreme Court.
DECEMBER 12, 2011:
U.S. SupremeCourt grants certiorari, agreeing tohear the case.
APRIL 25, 2012:
Oral argumentsbegin beore eight o the justice o the Supreme Court.