Immigration Law Case Study

The Arizona state legislature passed into law S.B 1070, which was intended to address issues related to illegal aliens in the state. The law made it a crime for illegal aliens to be in Arizona, without legal documents, it also authorized local and state law enforcement to enforce federal laws and prohibited the hiring, sheltering and transportation of illegal aliens. The legislation initiated constitutional concerns over violation of civil rights and was considered as encouraging racial profiling. There were also demonstrations against the legalization. The department of justice sough to stop

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

During recent years, we have seen the focus on immigration shift from every other racial and ethnic group to Mexican immigrants because of the disproportionate representation of Latinos on the news for instances of drugs and criminality. In 2010, SB 1070 was passed in Arizona and it was essentially an anti-immigrant law, which allowed “police to demand papers proving citizenship or immigration status from anyone they stop and suspect of being in the country unlawfully” (ACLU). It allowed the police and other paramilitary forces to racially profile Latinos without any probable cause and allowed them to harass people and question their legality based on assumptions of race. This legislation allowed “the deportations of almost 400,000 people in

The state of Arizona has issued a new state law which enables police officers to act as immigration officers. With this underestimated powers given to the police, it will cause a lot of problems, and sensitivities to all the legal and illegal immigrants (Cnn.com). Undocumented students residing Arizona will be in a constant fear of being deported since any minor issue such as calling the police for help in any case given can put their lives in the danger of deportation. It’s only a matter of time if the government doesn’t stop this act, Arizona will impose unfair laws for education toward undocumented students. This will only cause chaos, and taking away the validity of the American Dream.

This law was sending a very strong message to all of the illegal aliens living in Arizona. The SB-1070 was written deliberately with aggressive measures intended to promote to the estimated 460,000 illegal aliens to go home (About, 2011). The issue with some parts of the bill was that it was racially profiling, and it promoted discrimination against mainly immigrants. The federal judge also stopped the section of the law that made it a crime for any for any foreign resident living in the state of Arizona to carry immigration paperwork at all times. In addition, the judge also stopped the part where it would make it a crime for any illegal or foreign resident living in the state of Arizona to solicit, perform, or apply for work. This gave illegal aliens living in state of Arizona a big relief to know that those main parts of the bill were stopped, giving them the advantage to continue to move forward with their lives instead of worrying about getting deported.

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.

According to the author of this law, Mr. Russell Pearce, the state senator of Arizona’s 18th legislative district and the author of the new Arizona law SB 1070, argues that the United States Federal Government has not been doing their job correctly. The new law gives police officers the power to enforce immigration law. Pearce stated that police officers will not abuse of their powers given by the SB 1070 law because the SB 1070 clearly states the law provisions and how to enforce it. Therefore, he took the lead and implemented this law on his state to eliminate undocumented people at least in Arizona. Through this law police officers will have the power of prosecute anyone who is suspicious of being an illegal alien.

On the 23rd of April 2010, Governor Jan Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act, also known as, the Arizona SB 1070. The law is aimed at addressing the essential problem of illegal immigration within the United States, particularly within Arizona. The legislative act sparked much national controversy before, as well as after the act’s signing. The law Arizona law added on to preexisting U.S. federal law that requires all aliens over the age of 14, who remain in the United States more than thirty days to register with the US government, and to carry registered documents with them at all times (“8 U.S. Code § 1304” 2010). Violations of either requirement would result as a federal misdemeanor crime. The act further made it a state misdemeanor crime for an alien to be within Arizona

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

Illegal immigration is an unintend¬ed result of federal immigration restric¬tions from the shortage of green cards (permanent residence) and temporary work visas available for migrants (Nowrasteh 2). Currently, 73% of the 11.5 million illegal immigrants nationally are located in ten states, including Arizona (Nowrasteh 2). Between 2000 and 2008, Arizona experienced a large increase of illegal immigrants from 330,000 to 560,000 (Nowrasteh 2). The costs of the housing bust and the Great Recession

In this paper I argue that S.B. 1070 should be not be upheld for two reasons. First, in ways that will be explicated below, S.B. 1070 directly conflicts with federal immigration law; thus it is preempted according to the Supremacy Clause of the Constitution. Second, the law is unconstitutional because it allows for discrimination by police officers on the basis of race or national origin. This Note contends that the Ninth Circuit correctly affirmed the decision of the lower court to find S.B. 1070 preempted by federal immigration law; however the Ninth Circuit should have also found that S.B. 1070 is unconstitutional on discriminatory grounds. Part II discusses the evolution of the relevant case law. Part III of the Note illustrates the relevant portions of S.B. 1070 and the District Court’s reasoning in United States v. Arizona. Part IV explains why the Ninth Circuit correctly affirmed the decision that S.B. 1070 is preempted by federal immigration law and expounds how the law is also discriminatory on the basis of national origin against Hispanics. Finally, Part V comments on the possible consequences of S.B. 1070 and the effect of a Supreme Court decision to either affirm or reverse the injunction.

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

Back in 2007 there were several concerns over immigration as a whole and exploding proportions of illegal immigrants crossing the border in the Arizona area. Arizona attempted to resolve the influx of people across the border by imposing heavy fines on employers hiring illegal immigrants. At that time in Arizona there was a democratic governor Janet Napolitano that continually vetoed the Arizona’s legislature attempt to reduce illegal immigration. In 2009 the state replaced the Democratic governor with a Republican governor Jan Brewer who was supportive of reforms for immigration in Arizona. In 2010 the immigration problem was so sever that Arizona passed legislation allowing the state to enforce federal law for identification of legal immigration into the United States. This sparked a nation wide discussion on illegal immigration and immigration reform.

Legislation has been approved in California to make illegal aliens ineligible for public social services, public health care services, and public school education at elementary, secondary, and post secondary levels.  News of the passage of this legislation has been received with mixed feelings not only in California, but throughout the United States. Due to the unconstitutional nature of the California law, it is necessary that it be thrown out.

This is a “controversial immigration bill authorizing police officers to stop suspected illegal immigrants and demand proof of citizenship” (The Huffington Post). This is giving the police too much authority and can lead to many other problems such as discrimination against Hispanics.