Home > Hot Topics > State and Local Policies > Arizona Enforcement Law > Supreme Court to Review Arizona's SB 1070


Supreme Court to Review Arizona's SB 1070

The Supreme Court announced today that it will be reviewing Arizona's widely known immigration-enforcement law, SB 1070. Arizona is asking the nation's top court to allow the state to enforce parts of the bill that have been blocked by lower courts at the request of the Obama administration.

In April of 2010, Arizona Governor Jan Brewer signed SB 1070, making Arizona the state with the nation's strictest laws against illegal immigration. At the time, Brewer described the bill as necessary to “solve a crisis we did not create and the federal government has refused to fix."  

President Obama and his administration immediately voiced their opposition to the bill and the U.S. Department of Justice eventually filed a lawsuit against SB 1070. In April of this year, a three-judge panel of the Ninth Circuit U.S. Court of Appeals in San Francisco upheld a federal judge's ruling halting enforcement of four provisions in Arizona's SB 1070. 

Among the four blocked provisions include a requirement that state law enforcement officials must determine the immigration status of any individual stopped or arrested. The same provision also required state officials to determine the immigration status of anyone arrested before they were released. 

Another provision blocked by the Ninth Circuit included language that prohibited illegal aliens from looking for and obtaining jobs in the state. 

Paul Clement, a lawyer representing the state of Arizona, asked justices to determine "whether states that bear a disproportionate burden of the costs of illegal immigration are powerless to use their own resources to enforce" immigration law.

The case of Arizona v. United States is likely to be scheduled for arguments sometime next spring, with a decision coming in the summer. Justice Elena Kagan announced that she would not participate in the case, because of her work on the case as solicitor general.

Arizona's SB 1070 has been the model for immigration enforcement legislation in Alabama, South Carolina, Georgia, Utah, and Indiana. Earlier this year, the Supreme Court ruled in favor of the state in a challenge against its mandatory E-Verify law passed in 2007. The decision allows states to require businesses to use the mandatory employment verification system.


Judge Bolton's Ruling on Arizona Immigration Enforcement Law

Articles - Wednesday, July 28, 2010

Amicus Brief from 79 Members of Congress in Support of Arizona Against Justice Department

Articles - Wednesday, July 21, 2010

NumbersUSA Sign-up Form

Local Power Team - Thursday, June 3, 2010

Arizona's Immigration Enforcement Law (as Amended)

Fact Sheets - Wednesday, May 19, 2010

Sen. Chuck Schumer's Letter to Arizona Gov. Jan Brewer

Articles - Thursday, May 6, 2010

Fact Sheet: Arizona's Immigration Enforcement Law

Fact Sheets - Friday, April 30, 2010

In the News

U.S. Rep. Charlie Gonzalez says that in Arizona, Mitt Romney said the state’s SB 1070 law should be model for nation

Quoted - Wednesday, April 11, 2012

Finally, we turned to NumbersUSA, an Arlington-Va.-based nonprofit group that opposes illegal immigration and advocates for limits on legal immigration, because it tracks what the presidential candidates say about immigration. The group’s president, Roy Beck, told us that Romney has expressed support for enacting "attrition by enforcement" policies on a national level such as requiring that businesses use E-Verify. Beck said Romney has not said specific provisions of SB 1070 should be taken as a model for federal immigration laws.

By Charles Gonzales in PolitiFact Texas


Fewer day laborers on Phx. streets

In the News - Thursday, August 12, 2010

Day laborers, mostly illegal immigrants from Mexico, also had proliferated in other areas of metropolitan Phoenix, including Guadalupe, west Phoenix and Fountain Hills.

But drive by any of those locations now, and only a handful of day laborers are left. And no longer do they rush up to vehicles en masse, waving their hands in a desperate bid to get hired. Now, they are more likely to keep a lower profile, leaning against a tree or sitting on a milk crate.

There are several reasons for the change. Arizona's slumping economy has dried up the demand for day laborers, who typically are hired for yard cleaning, moving, tree cutting, construction and other jobs. Many have left Arizona to look for work in other states, or they have given up and returned to Mexico.

By Daniel Gonzalez -- The Arizona Republic


Missouri sheriffs' group endorses immigration enforcement efforts by border states

In the News - Wednesday, August 11, 2010

Missouri sheriffs are giving their support to law officers in states along the Mexican border seeking to enforce immigration laws.

The Missouri Sheriffs' Association this week approved a resolution backing states that have approved their own legislation on immigration enforcement. The resolution specifically mentions Arizona, where part of a new law on the subject has been blocked by a federal judge.

The Missouri sheriffs group said Wednesday the resolution was approved by more than 100 members at its annual meeting, with no votes in opposition.

By Associated Press