Quick Analysis of the Arizona Immigration
Law Ruling
By James Farrell
Published July 28, 2010
| FoxNews.com
Arizona immigration law decision:
I. What is enjoined
1. Requiring verification of immigration status: Requiring that an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there is a reasonable suspicion that the person is unlawfully present in the United States, and requiring verification of the immigration status of any person arrested prior to releasing that person.
Reasoning: Pre-empted by federal law because it creates an additional
burden on the federal government by increasing the number of
immigration-verification requests to the federal government. ----------------------------------
2. Failure to carry immigration papers: Creating a crime for the failure to apply for or carry alien registration papers.
Reasoning: Pre-empted as an impermissible attempt to create its own state
immigration scheme by altering the penalties established by Congress under
the federal registration scheme. -------------------------------------
3. Illegal for an illegal to solicit work: Creating a crime for an unauthorized alien to solicit, apply for or perform work.
Reasoning: Pre-empted because there is a comprehensive federal scheme
regulating employment of illegal immigrants. -------------------------------
4. Warrantless arrest for potentially removable alien: Authorizing the warrantless arrest of a person where there is probable cause to believe the person has committed a public offense that makes the person removable from the United States.
Reasoning: Pre-empted because determining whether a specific offense makes
an alien removable is a tough decision and there is "a substantial
likelihood that officers will wrongfully arrest legal resident aliens," thus
impermissibly burdening legal aliens (and only the federal government can impose
such burdens) **************************************
II. What is not enjoined?
1. No sanctuary cities: Prohibiting Arizona officials, agencies and political subdivisions from limiting enforcement of federal immigration laws.
2. Requiring cooperation with federal authorities: Requiring that state officials work with federal officials with regard to unlawfully present aliens.
3. Permitting civil suits for sanctuary cities: Allowing legal residents to sue any state official, agency or political subdivision for adopting a policy of restricting enforcement of federal immigration laws to less than the full extent permitted by federal law.
4. Human smuggling crimes: Amending the crime of human smuggling.
5. Crime to pick up day laborers: Creating a crime for stopping a motor vehicle to pick up day laborers and for day laborers to get in a motor vehicle if it impedes the normal movement of traffic.
6. Knowing/intentional employment of illegal immigrants: Amending the crime of knowing employment of unauthorized aliens. Amending the crime of intentional employment of unauthorized aliens.
7. Employee verification: Amending the requirements for checking employment eligibility.
8. Funding for gang / immigrant enforcement: Creating the gang and immigration intelligence team enforcement mission fund.
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[source:]
{ United States v. State of Arizona et al., Case 2:10-cv-01413-SRB,
July 28, 2010 decision}
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