Arizona, et al., Petitioners v. United States
Takuilani Fifita
POS 111-315
September 12, 2016
Case Summary: Many states wanted to adopt policies that would limit the lives of illegal immigrants. Arizona being the primary state vying for laws to punish unauthorized immigrants. On April 23, 2010 the governor of Arizona signed a law designed to “ ... identify, prosecute and deport illegal immigrants.” The United States seeking to stop the law before it was in effect, argued that the law was in conflict with the federal laws on illegal immigration. In the law signed by Arizona, given was four provisions, a condition in an agreement or law. The four provisions were (1) that being in Arizona without the proper legal documentation
On August 15, 2012, the same day that United States Citizenship and Immigration Services began accepting applications under the Obama administration’s new Deferred Action for Childhood Arrivals program, Arizona Governor Jan Brewer issued an executive order preventing the state of Arizona from issuing driver’s licenses and public benefits to young undocumented immigrants who receive deferred status and work authorization under the
The Arizona SB 1070 is a law that requires all aliens over the age of 14 who remain in the united states for longer than 30 days to register with the US government, and to have registration documents in their possession at all times. The Arizona law also made it illegal to be in the state of Arizona without the required documents. Some people don't agree with law they say that there is too many people that can't get the legal documents they need. Then there are some people that say the Arizona law is a good law to follow. Such as the law provides more security to the surrounding environment. In my opinion the Arizona state law is a good law to live and follow by for many different reasons.
Arizona has enforced the new senate bill 1070 which gives the police authority to check immigration status when enforcing other laws. SB1070 is supposed to cut the down on the illegal immigrants in Arizona by having immigrants carry immigration papers, or will be held until proven their status in the USA. The more they try to secure the border with bill 1070 the more they end up taking away simple constitutional rights of the citizens. The senate bill 1070 that has been passed is causing racial profiling, unconstitutional acts, and has put federal law into question.
The Department of Justice has addressed that the “SB 1070 unconstitutionally interferes with federal government's authority to set and enforce immigration policy, explaining that “The constitution and federal law do not permit the development of patchwork of state and local immigration policies throughout the country” (“Citing”). In short terms, the state of Arizona has made up their own law in enforcing anti-immigration law and procedures that interferes with the U.S constitution. Problems have arisen due to how the SB 1070 is unreasonable when it comes to search and seizure (“Arizona's”). The law enforcer will purposely attempt to prove that the suspect is guilty of something even if it is not lack of citizenship. This law has caused court challenges. “The lawsuit states that the SB 1070 violates the supremacy clause, the first amendment to freedom of speech, amendment right to freedom from unreasonable search and seizures, and the equal protection clause” (“Arizona's”). This immigration law targets illegals yet the law is not quite legal
S. Const., Art. I, §8, cl. 4. Additionally, previous Supreme Court cases have served as reinforcement to the authority of the federal government, such as granting “undoubted power over the subject of immigration and the status of aliens” Toll v. Moreno, 458 U. S. 1, 10 (1982). another Supreme Court Case, Arizona v. United States, has further clarified the role of the federal government such as relegating issues such as the identification and deportation of undocumented immigrants is beyond the power of the states.
The amount of illegal immigration has increased drastically over the past two decades. This is a very controversial topic for the citizens and government. The amount of illegal immigration is much more apparent in the states along the borders of the United States. States like Texas, Arizona and New Mexico have an influx of immigrants because its nation sits adjacent to the Mexican border. The state of Arizona in particular wanted to regulate, diminish, and enforce the amount of undocumented people entering their state from Latin America. So they decided to pass a bill, that bill is known as S.B 1070. With this new bill law enforcement officers have the authority to request for legal documentation at their leisure. Not only can officers request
The Trump administration is the governing body which is putting forth the decision for states to dissolve DACA. In this conflict, one say see how state and the federal government are conflicting against each other. The lawsuit that was filed states that “the Trump administration has violated the Constitution and the Federal Law.” This violates the law by failing to give a notice, or letting the public having a say in the matter. Also, a legal justification was not given, and sensitive information the participants were exposed. Thankfully, there is legal representation on both sides, in order to properly sort out this matter. (As you like to say, “This is good stuff!)
In the article titled "Dying to Work" there is an excellent quote given by Rep. Kolbe says, “There are no two countries in the world that share a border where the economic disparities are greater than between the U.S. and Mexico.” (AZ Republic, 2002) My paper draws on the information from the “Worldwide Refugee Information: Country Report: Mexico” written in 2000 and the article titled “Dying to Work: The Arizona Republic” written in 2001. Both of these articles give numerous information about the Mexican Immigrants and refugees. I am focusing on the illegal Mexican immigrants as well as refugees that enter the U.S. through refugee status, because living in Arizona, there are
In 2010, President Barack Obama and his administration challenged the constitutionality of Arizona’s “Support Our Law Enforcement and Safe Neighborhoods Act” (S.B. 1070). Not only does the case further clarify federal power and jurisdiction over important policy functions, but it also enlightens the citizenry on issues of racial tolerance as well as highlights the Supreme Court’s role as the arbiter of disputes over the power balance between states and the federal government. Arizona governor, Jan Brewer, signed the Act in April of 2010 with intention to block further illegal immigration. “The new law would require law enforcement officials to enforce existing federal immigration laws in the state by checking the immigration status of a
In the case at bar, there are four questions that must be answered: (1) Does this case deal with a non-justiciable issue? (2) Does the Commerce Clause give congress authority over immigration policy? (3) Does Congress ' power to establish a uniform rule of naturalization give it authority over immigration? And (4) Does the “Take Care” Clause allow the president to change US immigration despite the previously mentioned congressional powers? At the end of this argument, I hope your honors will decide that the case at bar deals with a justiciable issue and that the president’s actions are deemed a violation of the constitution of the United States.
Jae Lee v. United States of America should have been an open and shut case back in 2016. Jae Lee, a noncitizen permanent resident, was convicted of being in possession of ecstasy with the intent to distribute. Because of his noncitizen status this particular offense qualified as an aggravated felony under the Immigration and Nationality Act, meaning he was subject to mandatory deportation. Lee’s court appointed attorney continually advised him that if he “took a plea bargain he would not be deported stating ‘the government cannot deport you’ if deportation was not in the plea agreement” (Jae Lee, 2017). Lee contested that had he known taking a plea would result in deportation he would instead have tried his luck at a trial.
Many individual states have been dissatisfied with federal inaction on immigration. One step towards immigration enforcement has been the 287(g) program mentioned before, which expanded the authority of local and state law enforcement officials to enforce civil immigration violations. This sparked fear among the community that police would deport individuals for minor incidents for something as simple as traffic laws. Still dissatisfied, many states took it into their own hands to enact laws against the flow of illegal immigrants. The Arizona SB 1070 law was one of the first of many policies that states have began implementing in order to counter the flow of undocumented immigrants. It’s purpose was to discourage and deter the unlawful
Every year, millions of immigrants come into the United States. Generally, the United States policies are complex but the topic of immigration in the country is far more complicated to understand. Currently, the topic is extremely controversial yet the government has been trying to avoid addressing it for quite a while now. Nevertheless, it is very rare for a candidate to make immigration policy part of his platform but in the 2016 presidential election Donald Trump even made it part of his campaign which caused world-wide controversy. Trump claimed that he would “make America great again” and create a high security wall along the border between Mexico and the United States. Nevertheless, any decision taken by the government will affect everyone in the country, whether in a positive or negative manner, as “an estimated 11.4 million unauthorized immigrants were living in the United States in January 2012 compared to 11.5 million in January 2011.” The numbers keep increasing every day
Six months after Hernandez’s death, Mesa was sued in Texas’ federal district court by Hernandez’s parents. The suit claimed Mesa violated the Fourth and Fifth amendments of the U.S. Constitution by using deadly force. Mesa’s defense moved to dismiss and argued that Hernandez lacked constitutional protection because he was an illegal alien, standing in Mexico when he was killed. The district court determined through a formalist test that the Constitution’s deadly-force protection does not stretch across the border for non-citizens. Upon this decision, the U.S. Court of Appeals for the Fifth Circuit affirmed in part and reversed in part and held that the Fifth Amendment protections against deadly force applied but not the Fourth Amendment protections. Furthermore, the court of appeals also held that Mesa was not eligible for qualified immunity.
Between May 29th, 2010 to October 31st, 2010, the data had shown that illegal immigrants or anyone who looked the part, was being racial profiling. Anyone who looked the part of an undocumented person was getting treated differently, as if the state of Arizona went back in time to the civil right movement of 1960’s, where the bystanders were judging by the color of skin. The Arizona law requires law enforcement to question the immigration status of a person, who was stopped because of reasonable suspicion of being in the United States illegally, which the protesters would argue that is discrimination. The people of Arizona becoming more frighten toward Hispanics, as if they were straight out of a horror movie, and was influenced by the Republicans