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United States V. Arizona

In: Social Issues

Submitted By cliu1508
Words 14328
Pages 58
United States v. Arizona: The Support Our Law Enforcement and Neighborhoods Act is Preempted and Discriminatory
Melissa Goolsarran
Table of Contents I. Introduction 1 II. Perspective: Immigration, Discrimination, and Limitations on State Laws 3 III. Background: United States v. Arizona 9 A. S.B. 1070 and the Legislature’s Justification 10 B. The Decision: United States v. Arizona 18 IV. Analysis: S.B. 1070 is Preempted by Federal Immigration Law and Also Discriminatory 23 A. The Ninth Circuit Court of Appeals Correctly found that S.B. 1070 is Preempted Because it Interferes with the Administration and Enforcement of Federal Immigration Laws 24 B. S.B. 1070 Discriminates on the Basis of Race or National Origin 32 V. Comment and Conclusion: Effects of the Arizona Law 36

I. Introduction The Support Our Law Enforcement and Safe Neighborhoods Act (“S.B. 1070”) has been the subject of many debates for both its potential impact on federal immigration laws and discrimination against citizens and legal residents of Hispanic origin. The Arizona State Legislature passed S.B. 1070 to reduce the continuous rise in the number of illegal immigrants and alleged consequent rise in crime rates in the state. Among other provisions, the law requires officers to check a person's immigration status, criminalizes an alien’s failure to comply with federal registration laws and working without authorization, and authorizes warrantless arrests where there is probable cause to believe that the alien is removable. President Barak Obama, vehemently opposed to the bill, said that such legislation “undermines basic notions of fairness that we cherish as Americans, as well as the trust between police and their communities that is so crucial to keeping us safe.” Supporters reply that the law is constitutional and necessary to fight immigration concerns specific to the...

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