The Supreme Court decided this week that it will hear the challenge to the Arizona Immigration Law, recently held unconstitutional by the Ninth Circuit Court of Appeals.

The national government sued to enjoin the law from taking effect. Because illegal immigration is generally considered a federal issue, the national government argues that it has supreme authority in the field, which is commonly referred to as federal preemption power.

The law in question, SB 1070 required state and local police officers to check a person's immigration status, once they were stopped for any legal purpose, if the officer suspected that they might be an alien. This is one of the points that brought the most backlash, due to racial discrimination and other concerns. The law also required immigrants to carry identification documents with them, and made it illegal for undocumented workers to solicit employment in public.

Interestingly, the law does contain language stating that the law is not intended to, "[limit or restrict] the enforcement of federal immigration laws to less than the full extent permitted by federal law."

Click to learn more about Immigration Laws, find an experienced Immigration Law Attorney, or to find other Immigration Law resources.

Click here to learn more about Constitutional Law.

 

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