The Death of Arizona Immigration Law SB 1070
Reproduced with permission from Law360. Copyright © Portfolio Media, Inc.
On June 25, 2012, the U.S. Supreme Court issued a split decision regarding Arizona’s 2010 immigration law, Senate Bill (SB) 1070. The court made clear that the federal government sets immigration policy and states will not be allowed to preempt federal powers.
States may, however, continue to require businesses to register for and use E-Verify. Recent debate makes it clear that neither U.S. Congress nor states will be allowed to ignore immigration issues.
In its decision, the Supreme Court recognized the challenges that Arizona faces as a result of undocumented workers. The court made it clear, however, that Arizona could not preempt federal law. The court struck down Section 3 of the Arizona law, which made it a crime for an individual to fail to apply for and carry proper immigration documentation showing lawful status.
The court also struck down Section 5, which made it illegal for an undocumented individual to apply for and perform work, and Section 6, which authorized the warrantless arrest of individuals where there is probable cause to believe the person has committed a public offense that makes the person removable from the United States.
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The Supreme Court has held that an Arizona law that imposes sanctions on employers that hire unauthorized workers and requires the mandatory use of E-Verify is not preempted by federal law, and therefore valid. The Arizona law at issue – the Legal Arizona Workers Act – provides for the suspension or revocation of an employer’s business license in that state if that employer knowingly or intentionally hires an unauthorized worker. The statute also mandates the use of the E-Verify electronic verification system to check on an employee’s work eligibility. The Court’s decision in Chamber Of Commerce v. Whiting upholding this statute opens the door for other states to enact laws that similarly impose stricter penalties on employers for immigration law violations. To learn more about the decision, please
In our
Arizona legislators continue to press forward with immigration-related proposals. State Senate President Russell Pearce, sponsor of the infamous
On July 28, 2010, the U.S. District Court for the District of Arizona issued a highly anticipated order in United States v. State of Arizona, a recent federal lawsuit challenging the constitutionality of the Arizona “Support of Law Enforcement and Safe Neighborhoods Act” (“SB 1070”). The order temporarily enjoins enforcement of certain provisions of SB 1070 pending the court’s final ruling in the matter. To learn more, please continue reading Littler's ASAP,
The Washington Post
The Arizona Daily Star
With many in the nation watching, Arizona Governor Jan Brewer signed the "Support Our Law Enforcement and Safe Neighborhoods Act" ("SB 1070") into law. The legislation represents Arizona's latest effort to combat illegal immigration and is now the centerpiece of a national political firestorm, including criticism from President Obama and numerous public interest groups. In addition, SB 1070 already is the subject of two federal lawsuits challenging its constitutionality. Lost among this debate, however, are those provisions of the law directed toward Arizona employers. To learn more about the law and its implications for employers, please continue reading Littler's ASAP
Arizona Governor Jan Brewer has
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The New York Times 
The U.S. Supreme Court has asked the Solicitor General to submit a brief outlining the Obama administration’s stance on an Arizona law that punishes companies for hiring illegal immigrants, the