The Law Enforcement And Safe Neighborhoods Act Essay

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Brief for Respondent: In the case, Arizona versus United States, I am representing the respondent, United States, where we are seeking to stop the enforcement of S.B. 1070 in the federal district court before the law can be taken into effect. S.B. 1070, also known as Support Our Law Enforcement and Safe Neighborhoods Act, was passed in the state of Arizona in 2010 as an effort to address the large numbers of unlawful immigrants entering the state. The United States seeks to declare S.B. 1070 as preempted by the federal immigration law, where the four provisions of S.B. 1070, Section 3, Section 5, Section 6 and Section 2(B) violated the Supremacy Clause of the United States Constitution.
Relevant Constitutional Provision: In our defense, we will be utilizing Article 1, Section 8, clause 4 of the United States Constitution which establishes a uniform rule of Naturalization. It states that only Congress has the exclusive authority control over immigration and establishing new regulations that would allow individuals to become naturalized citizens of the United States of America and not the states. Section 9, clause 2 will also come into play in relation to Section 6 of S.B. 1070, in which the privilege of the Writ of Habeas Corpus cannot not be suspended. It solidifies the notion that an individual cannot be incarcerated without facing legitimate charges—indefinite imprisonment is not allowed without legal due process.
The Equal Protection Clause, which is part of the
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