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Arizona v. US, 11-182

In a case assessing the constitutionality of an Arizona statute known as S.B. 1070, which was enacted in 2010 to address pressing issues related to the large number of unlawful aliens in the state, the Ninth Circuit's ruling affirming the district court's issuance of a preliminary injunction preventing four of its provisions from taking effect is: 1) affirmed in part, where Sections 3 (misdemeanor for failure to comply with federal alien-registration), 5(C) (misdemeanor for an unauthorized alien to work), and 6 (authorizes officers to arrest without a warrant a person the officer has probable cause to believe has committed any public offense that makes the person removable from the US) of S.B. 1070 are preempted by federal law; but 2) reversed in part, where it was improper to enjoin section 2(B) (requiring officers conducting a stop, detention, or arrest to make efforts to verify the person's immigration status with the Federal Government) before the state courts had an opportunity to construe it and without some showing that section 2(B)'s enforcement in fact conflicts with federal immigration law and its objectives.

Appellate Information

  • Decided 06/25/2012
  • Published 06/25/2012




  • United States Supreme Court


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