State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070 (open access)

State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070

This report discusses the major provisions of S.B.1070, as modified by H.B. 2162, and the legal and constitutional considerations possibly implicated by their implementation. The report focuses primarily on those provisions that require state enforcement of federal immigration law and impose criminal penalties for immigration-related conduct, and discusses preemption issues that might be raised by these measures.
Date: May 3, 2010
Creator: Garcia, Michael J.; Eig, Larry M. & Kim, Yule
System: The UNT Digital Library
State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070 (open access)

State Efforts to Deter Unauthorized Aliens: Legal Analysis of Arizona's S.B. 1070

On April 23, 2010, Arizona enacted S.B. 1070, which is designed to discourage and deter the entry or presence of aliens who lack lawful status under federal immigration law. This report discusses this piece of legislation and some of the notable preemption issues raised by its provisions. Where relevant, it examines the district court's ruling that the federal government is likely to succeed on the merits of its arguments that certain sections of S.B. 1070 are preempted by federal law. It also discusses other preemption issues potentially raised by S.B. 1070 or similar legislation, including some issues that were not expressly addressed by the district court in its preliminary ruling.
Date: September 14, 2010
Creator: Manuel, Kate M.; Garcia, Michael John & Eig, Larry M.
System: The UNT Digital Library