Justices Seem Open To Upholding Ariz. Immigration Law

Mintz - Immigration Viewpoints
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Originally published in Law360, New York (April 25, 2012, 4:53 PM ET)

The federal government appeared to find little support at the U.S Supreme Court on Wednesday for its arguments that one key provision of Arizona's controversial immigration law is preempted by federal law, though the justices' position on other provisions, including one related to employment, seemed less clear.

The high court heard oral arguments Wednesday in the state's appeal of an injunction blocking four parts of S.B. 1070. The blocked provisions of the law would make it a crime for an illegal immigrant to apply for jobs, require police officers to verify the immigration status of detainees during a lawful stop or arrest if there is reasonable suspicion, make it a crime for an immigrant not to carry identification papers and authorize the warrantless arrest of a person who could be deported due to a public offense.

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