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Supreme Court Strikes Down Three Provisions of Arizona Immigration Law


The Supreme Court has ruled out three of four provisions in a controversial Arizona immigration law by a 5-3 vote.

The Support Our Law Enforcement and Safe Neighborhoods Act, known as SB 1070, was introduced to control the number of undocumented immigrants passing through and settling in Arizona. But the Obama administration sued the state for passing the bill on grounds that Arizona was taking federal matters into their own hands.

“The national government has significant power to regulate immigration,” wrote Justice Anthony Kennedy. “Arizona may have understandable frustrations with the problems caused by illegal immigration while that process continues, but the state may not pursue policies that undermined federal law.”

Rulings were being made on the constitutionality of four provisions:

Section 2(B): Requires state and local police to perform roadside immigration checks of people they’ve stopped or detained if a “reasonable suspicion” exists they are in the country illegally.

Section 3: Makes it a state crime for illegal immigrants not to possess their federal registration cards.

Section 5(C): Makes it a state crime for illegal immigrants to work, apply for work or solicit work in any way, including making a “gesture or nod” indicating they are looking for work.

Section 6: Allows state and local police to arrest illegal immigrants without a warrant when probable cause exists that they committed “any public offense that makes the person removable from the United States.”

But despite having three of their four provisions struck down, Arizona law-makers still evoked satisfaction as Section 2B was upheld. The section was a key provision of SB 1070.

The implementation of previous laws aiming to curb illegal immigration has rerouted many undocumented immigrants through Arizona. In April, the state estimated that approximately 460,000 undocumented immigrants entered the state, a number that has increased five-fold since 1990. 

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Annie Pei

U Chicago

Annie is a Political Science major at the University of Chicago who not only writes for Her Campus, but is also one of Her Campus UChicago's Campus Correspondents. She also acts as Editor-In-Chief of Diskord, an online op-ed publication based on campus, and as an Arts and Culture Co-Editor for the university's new Undergraduate Political Review. When she's not busy researching, writing, and editing articles, Annie can be found pounding out jazz choreography in a dance room, furiously cheering on the Vancouver Canucks, or around town on the lookout for new places, people, and things. This year, Annie is back in DC interning with Voice of America once again!