BREAKING: Supreme Court Rules on S.B. 1070

By Jon Feere, June 25, 2012

Read about the possible implications of the S.B. 1070 Supreme Court decision.

  • The U.S. Supreme Court has rendered a decision on the four provisions of Arizona's S.B. 1070 questioned in Arizona v. United States.

  • The Ninth Circuit has been reversed in part affirmed in part.

  • Section 2 upheld, which allows local police to question status.
    • Section 2(B): Requires Arizona law enforcement to make a reasonable attempt, when practicable, to determine a person's immigration status during a "lawful stop, detention, or arrest" if there is a reasonable suspicion "that the person is an alien and is unlawfully present in the United States."

  • Sections 3, 5 and 6 are preempted.
    • Section 3: Makes "willful failure to complete or carry an alien registration document" a state crime.
    • Section 5(C): Makes it a misdemeanor for "a person who is unlawfully present in the United States and who is an unauthorized alien to knowingly apply for work, solicit work in a public place, or perform work as an employee or independent contractor in [Arizona]."
    • Section 6: Authorizes state and local officers to make arrests without warrant where there is probable cause to believe "the person to be arrested has committed any public offense that makes the person removable from the United States."

  • Opinion in Arizona v. United States: http://www.supremecourt.gov/opinions/11pdf/11-182b5e1.pdf