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United States v. Arizona

From lawbrain.com

The United States Department of Justice filed a lawsuit in federal court against Arizona Senate Bill 1070. In their brief, the Department of Justice asserts that Senate Bill 1070 unconstitutionally interferes with the federal government's authority to set and enforce immigration policy.


Contents

Overview

In response to Arizona's passage of immigration reform, the U.S. Department of Justice has filed a brief in federal court contesting the state's exercise of jurisdiction over immigration law. The complaint asserts that Arizona Senate Bill 1070 is preempted by federal law and therefore violated the Supremacy Clause of the United States Constitution. The provisions of the bill  (as amended by House Bill 2162) authorizes state and local government agencies to detain those "reasonably suspected" of being an illegal alien and impose criminal sanctions defined by Arizona's statute.[1]

Under the U.S. Constitution, Article I, Section 8 gives Congress the authority to establish uniform rules of naturalization. As prescribed under federal law, congress has complete authority over immigration and presidential power is limited to refugee policy. Federal law regulating immigration and nationality is set forth in 8 U.S.C. Chapter 12.[2]


References

  1. http://www.justice.gov/opa/documents/az-complaint.pdf
  2. http://topics.law.cornell.edu/wex/Immigration

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