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Constitutional Law Keyed to Chemerinsky
Arizona v. United States
Citation:
567 U.S. 387 (2012)Facts
In 2010, Arizona enacted a S.B. 1070, creating a new misdemeanor that penalized immigrants who were caught without alien registration documents, which is a federal crime (meaning that there was a new state penalty for a federal crime). There are four sections particularly at issue:
Section 3: makes failure to comply with federal alien-registration rules a state misdemeanor.
Section 5: makes it a misdemeanor for undocumented immigrants to seek work in the state.
Section6: authorizes officers to arrest anyone who they believe with probable cause that they have committed an offense that makes them removable, without a warrant.
Section 2(B): requires officers who make a stop, detention, or arrest in some circumstances to verify the person’s immigration status.
The United States sued Arizona arguing that the state law intrudes on immigration law, arguing that this is an area of the law fully occupied by federal law. Arizona argues that it has interest in regulating the presence of immigrants in its borders.
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