State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070 [September 14, 2010]   [open pdf - 357KB]

"On April 23, 2010, Arizona enacted S.B. 1070, which is designed to discourage and deter the entry or presence of aliens who lack lawful status under federal immigration law. [...] The enactment of S.B. 1070 has sparked significant legal and policy debate. Supporters argue that federal enforcement of immigration law has not adequately deterred the migration of unauthorized aliens into Arizona, and that state action is both necessary and appropriate to combat the negative effects of unauthorized immigration. Opponents argue, among other things, that S.B. 1070 will be expensive and disruptive, will be susceptible to uneven application, and can undermine community policing by discouraging cooperation with state and local law enforcement. In part to respond to these concerns, the Arizona State Legislature modified S.B. 1070 on April 30, 2010, through the approval of H.B. 2162. [...] S.B. 1070, as amended, was scheduled to go into effect on July 29, 2010. However, the U.S. Department of Justice filed suit seeking to preliminarily enjoin the enforcement of certain sections of S.B. 1070 on the grounds that they are preempted. On July 28, 2010, a federal district court enjoined Arizona from enforcing those provisions of S.B. 1070 pertaining to immigration status determinations during lawful stops, detentions, or arrests; failure to apply for or carry alien registration papers; the solicitation or performance of work by unauthorized aliens; and warrantless arrests for certain public offenses. Enforcement of other provisions of S.B. 1070 was not enjoined. Arizona has appealed the district court's decision."

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CRS Report for Congress, R41221
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