United States of America v. Arizona
Encyclopedia
The United States of America v. The State of Arizona is a federal lawsuit filed by the United States Justice Department in the United States District Court for the District of Arizona
on July 6, 2010, challenging Arizona's Support Our Law Enforcement and Safe Neighborhoods Act
as usurping the federal government's authority
to regulate immigration laws and enforcement. The plaintiffs also referenced the notion of federal preemption
and stated that, "The Constitution and the federal immigration laws do not permit the development of a patchwork of state and local immigration policies throughout the country". Additionally, the Justice Department in its July 6, 2010 motion requested that the federal courts issue an injunction to enjoin enforcement of the law before it goes into effect. Arizona responded to the motion. The 1976 precedent of De Canas v. Bica was relied upon in Arizona's Motion.
United States (Section 6). S.B. 1070 also creates or amends crimes for the failure of an undocumented immigrant to apply for or carry registration papers (Section 3), the smuggling of human beings (Section 4), the performance of work by undocumented immigrants, and the transport or harboring of undocumented immigrants(Section 5)." See 7.28.10 Bolton order, which is linked below.
"On July 6, 2010, the United States filed a Complaint with this Court challenging the constitutionality of S.B. 1070, and it also filed a Motion requesting that the Court issue a preliminary injunction to enjoin Arizona from enforcing S.B. 1070 until the Court can make a final determination as to its constitutionality. The United States argues principally that the power to regulate immigration is vested exclusively in the federal government, and that the provisions of S.B. 1070 are therefore preempted by federal law." See 7.28.10 Bolton order, which is linked below.
On April 23, 2010, Arizona Governor Jan Brewer
signed into law SB 1070, or the "Support Our Law Enforcement and Safe Neighborhoods Act". The act made it a state misdemeanor
crime for an undocumented immigrant to be in Arizona without carrying registration documents required by federal law, authorizes state and local law enforcement of federal
immigration law
s, and cracks down on those sheltering, hiring and transporting undocumented immigrants.
The bill's passage immediately sparked concerns over potential civil rights violations and have accused it of encouraging racial profiling. Tens of thousands of people demonstrated against the law in over 70 U.S. cities on May 1, 2010 (International Workers' Day
). A rally in Los Angeles, attended by Cardinal Mahoney, attracted between 50,000 and 60,000 people, with protesters waving Mexican flags and chanting "Sí se puede
". The city had become the national epicenter of protests against the Arizona law. Around 25,000 people were at a protest in Dallas and more than 5,000 were in Chicago
and Milwaukee, while rallies in other cities generally attracted around a thousand people or so. There and in some other locations, demonstrators expressed frustration with what they saw as the administration's lack of action on immigration reform, with signs holding messages such as "Hey Obama! Don't deport my mama."
On Wednesday, July 28, 2010, Judge Susan R. Bolton ruled, blocking key portions of SB 1070 including "requiring police to check the immigration status of those they arrest or whom they stop and suspect are in the country undocumented would overwhelm the federal government's ability to respond, and could mean legal immigrants are wrongly arrested." Judge Bolton wrote:
Governor Brewer has promised to appeal the ruling, calling it "a temporary bump in the road."
, Florida
, Alabama
, Nebraska
, Pennsylvania
, South Carolina
, South Dakota
, Texas
, and Virginia
, along with the Commonwealth of the Northern Mariana Islands, filed their proposed brief on July 14, 2010. The brief "defends the States' authority to concurrently enforce federal immigration laws, especially in light of the selective and even lack of enforcement of those laws by the Obama administration. Under the current situation, the States have lost control over their borders and are left to guess at the reality of the law." The Latin American countries of Argentina
, Bolivia
, Chile
, Colombia
, Costa Rica
, El Salvador
, Guatemala
, Mexico
, Nicaragua
, Paraguay
, and Peru
filed an amicus brief in support of the United States.
Additionally, 81 Congressmen have jointly filed a Proposed Brief of Amici Curiae. The brief supports Arizona.
On July 28, 2010, Judge Bolton issued an order denying in part and granting in part the United States' Motion for Preliminary Injunction heard the prior week.
See 7/28/2010 Order
An appeal of the US District Court's 7/28/2010 ruling was filed on July 29, 2010. A motion to expedite the normal appeal schedule was also filed. Arizona gave the following reasons for the motion to expedite:
Arizona's Governor requested the following appeal schedule: opening brief due 8/12/2010, response brief due 8/26/2010, reply brief due 9/2/2010 and oral argument during week of September 13, basically a 30 day schedule, almost twice the schedule allowed for the original motion for preliminary injunction.
On July 30, 2010, the Appeals Court ordered the following appeal schedule:
, Carlos Bea
, and John T. Noonan. The Court's opinion, released on April 11, 2011 and authored by Judge Paez, upheld Judge Bolton's ruling that some of the provisions found in the controversial S.B. 1070 were unconstitutional. Judge Noonan authored a concurrence. Judge Bea concurred in part and dissented in part with the Court's decision. Gov. Jan Brewer
has asked the United States Supreme Court to review and overturn the decision of Judge Bolton and the Ninth Circuit.
United States District Court for the District of Arizona
The United States District Court for the District of Arizona is the federal district court whose jurisdiction is the state of Arizona. Court is held in the cities of Phoenix, Tucson, Flagstaff, Yuma, and Prescott. The district was created on June 20, 1910, by 36 Stat. 557...
on July 6, 2010, challenging Arizona's Support Our Law Enforcement and Safe Neighborhoods Act
Support Our Law Enforcement and Safe Neighborhoods Act
The Support Our Law Enforcement and Safe Neighborhoods Act is a legislative Act in the U.S. state of Arizona that at the time of passage was the broadest and strictest anti-illegal immigration measure in recent U.S. history...
as usurping the federal government's authority
Supremacy Clause
Article VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S. Constitution, U.S. Treaties, and Federal Statutes as "the supreme law of the land." The text decrees these to be the highest form of law in the U.S...
to regulate immigration laws and enforcement. The plaintiffs also referenced the notion of federal preemption
Federal preemption
Federal preemption refers to the invalidation of US state law when it conflicts with Federal law.-Constitutional basis:According to the Supremacy Clause of the United States Constitution,...
and stated that, "The Constitution and the federal immigration laws do not permit the development of a patchwork of state and local immigration policies throughout the country". Additionally, the Justice Department in its July 6, 2010 motion requested that the federal courts issue an injunction to enjoin enforcement of the law before it goes into effect. Arizona responded to the motion. The 1976 precedent of De Canas v. Bica was relied upon in Arizona's Motion.
Background
"Against a backdrop of rampant undocumented immigration, escalating drug and human trafficking crimes, and serious public safety concerns, the Arizona Legislature enacted a set of statutes and statutory amendments in the form of Senate Bill 1070, the “Support Our Law Enforcement and Safe Neighborhoods Act,” 2010 Arizona Session Laws, Chapter 113, which Governor Janice K. Brewer signed into law on April 23, 2010. Seven days later, the Governor signed into law a set of amendments to Senate Bill 1070 under House Bill 2162, 2010 Arizona Session Laws, Chapter 211.1 Among other things, S.B. 1070 requires officers to check a person’s immigration status under certain circumstances (Section 2) and authorizes officers to make a warrantless arrest of a person where there is probable cause to believe that the person committed a public offense that makes the person removable from theUnited States (Section 6). S.B. 1070 also creates or amends crimes for the failure of an undocumented immigrant to apply for or carry registration papers (Section 3), the smuggling of human beings (Section 4), the performance of work by undocumented immigrants, and the transport or harboring of undocumented immigrants(Section 5)." See 7.28.10 Bolton order, which is linked below.
"On July 6, 2010, the United States filed a Complaint with this Court challenging the constitutionality of S.B. 1070, and it also filed a Motion requesting that the Court issue a preliminary injunction to enjoin Arizona from enforcing S.B. 1070 until the Court can make a final determination as to its constitutionality. The United States argues principally that the power to regulate immigration is vested exclusively in the federal government, and that the provisions of S.B. 1070 are therefore preempted by federal law." See 7.28.10 Bolton order, which is linked below.
On April 23, 2010, Arizona Governor Jan Brewer
Jan Brewer
Janice Kay "Jan" Brewer is the 22nd and current Governor of the U.S. state of Arizona and a member of the Republican Party. She is the fourth woman, and third consecutive woman, to hold the office...
signed into law SB 1070, or the "Support Our Law Enforcement and Safe Neighborhoods Act". The act made it a state misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
crime for an undocumented immigrant to be in Arizona without carrying registration documents required by federal law, authorizes state and local law enforcement of federal
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
immigration law
Immigration law
Immigration law refers to national government policies which control the phenomenon of immigration to their country.Immigraton law, regarding foreign citizens, is related to nationality law, which governs the legal status of people, in matters such as citizenship...
s, and cracks down on those sheltering, hiring and transporting undocumented immigrants.
The bill's passage immediately sparked concerns over potential civil rights violations and have accused it of encouraging racial profiling. Tens of thousands of people demonstrated against the law in over 70 U.S. cities on May 1, 2010 (International Workers' Day
International Workers' Day
International Workers' Day is a celebration of the international labour movement and left-wing movements. It commonly sees organized street demonstrations and marches by working people and their labour unions throughout most of the world. May 1 is a national holiday in more than 80 countries...
). A rally in Los Angeles, attended by Cardinal Mahoney, attracted between 50,000 and 60,000 people, with protesters waving Mexican flags and chanting "Sí se puede
Sí se puede
Sí, se puede is the motto of the United Farm Workers. In 1972, during Cesar Chavez's 24 day fast in Phoenix, Arizona, he and UFW's co-founder, Dolores Huerta, came up with the slogan....
". The city had become the national epicenter of protests against the Arizona law. Around 25,000 people were at a protest in Dallas and more than 5,000 were in Chicago
Chicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
and Milwaukee, while rallies in other cities generally attracted around a thousand people or so. There and in some other locations, demonstrators expressed frustration with what they saw as the administration's lack of action on immigration reform, with signs holding messages such as "Hey Obama! Don't deport my mama."
On Wednesday, July 28, 2010, Judge Susan R. Bolton ruled, blocking key portions of SB 1070 including "requiring police to check the immigration status of those they arrest or whom they stop and suspect are in the country undocumented would overwhelm the federal government's ability to respond, and could mean legal immigrants are wrongly arrested." Judge Bolton wrote:
Federal resources will be taxed and diverted from federal enforcement priorities as a result of the increase in requests for immigration status determination that will flow from Arizona
Governor Brewer has promised to appeal the ruling, calling it "a temporary bump in the road."
Support for Arizona
Several states have jointly filed a Proposed Brief of Amici Curiae. The brief supports Arizona. The States of MichiganMichigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
, Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
, Nebraska
Nebraska
Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....
, Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
, South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
, South Dakota
South Dakota
South Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over...
, Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, and Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
, along with the Commonwealth of the Northern Mariana Islands, filed their proposed brief on July 14, 2010. The brief "defends the States' authority to concurrently enforce federal immigration laws, especially in light of the selective and even lack of enforcement of those laws by the Obama administration. Under the current situation, the States have lost control over their borders and are left to guess at the reality of the law." The Latin American countries of Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
, Bolivia
Bolivia
Bolivia officially known as Plurinational State of Bolivia , is a landlocked country in central South America. It is the poorest country in South America...
, Chile
Chile
Chile ,officially the Republic of Chile , is a country in South America occupying a long, narrow coastal strip between the Andes mountains to the east and the Pacific Ocean to the west. It borders Peru to the north, Bolivia to the northeast, Argentina to the east, and the Drake Passage in the far...
, Colombia
Colombia
Colombia, officially the Republic of Colombia , is a unitary constitutional republic comprising thirty-two departments. The country is located in northwestern South America, bordered to the east by Venezuela and Brazil; to the south by Ecuador and Peru; to the north by the Caribbean Sea; to the...
, Costa Rica
Costa Rica
Costa Rica , officially the Republic of Costa Rica is a multilingual, multiethnic and multicultural country in Central America, bordered by Nicaragua to the north, Panama to the southeast, the Pacific Ocean to the west and the Caribbean Sea to the east....
, El Salvador
El Salvador
El Salvador or simply Salvador is the smallest and the most densely populated country in Central America. The country's capital city and largest city is San Salvador; Santa Ana and San Miguel are also important cultural and commercial centers in the country and in all of Central America...
, Guatemala
Guatemala
Guatemala is a country in Central America bordered by Mexico to the north and west, the Pacific Ocean to the southwest, Belize to the northeast, the Caribbean to the east, and Honduras and El Salvador to the southeast...
, Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
, Nicaragua
Nicaragua
Nicaragua is the largest country in the Central American American isthmus, bordered by Honduras to the north and Costa Rica to the south. The country is situated between 11 and 14 degrees north of the Equator in the Northern Hemisphere, which places it entirely within the tropics. The Pacific Ocean...
, Paraguay
Paraguay
Paraguay , officially the Republic of Paraguay , is a landlocked country in South America. It is bordered by Argentina to the south and southwest, Brazil to the east and northeast, and Bolivia to the northwest. Paraguay lies on both banks of the Paraguay River, which runs through the center of the...
, and Peru
Peru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
filed an amicus brief in support of the United States.
Additionally, 81 Congressmen have jointly filed a Proposed Brief of Amici Curiae. The brief supports Arizona.
On July 28, 2010, Judge Bolton issued an order denying in part and granting in part the United States' Motion for Preliminary Injunction heard the prior week.
Ruling
Among the provisions that will go into effect are the following: A.R.S. § 11-1051(A): prohibiting Arizona officials, agencies, and political subdivisions from limiting enforcement of federal immigration laws; A.R.S. § 11-1051(C)-(F): requiring that state officials work with federal officials with regard to undocumented immigrants; and, A.R.S. § 11-1051(G)-(L): allowing legal residents to sue any state official, agency, or political subdivision for adopting a policy of restricting enforcement of federal immigration laws to less than the full extent permitted by federal law.See 7/28/2010 Order
An appeal of the US District Court's 7/28/2010 ruling was filed on July 29, 2010. A motion to expedite the normal appeal schedule was also filed. Arizona gave the following reasons for the motion to expedite:
Good cause exists to expedite this appeal under Ninth Circuit Rules 27-12 and 34-3 and 28 U.S.C. § 1657 because it is an appeal of a preliminary injunction enjoining several key provisions of SB 1070 that the Arizona Legislature determined were critical to address serious criminal, environmental, and economic problems Arizona has been suffering as a consequence of undocumented immigration and the lack of effective enforcement activity by the federal government. An expedited briefing schedule will not unreasonably burden the parties because it is consistent with the expedited briefing schedule Plaintiff-Appellee received for the initial ruling on its Motion for Preliminary Injunction, the issues on appeal are narrower than those the district court addressed and have largely been briefed by the parties, and the parties are well represented with sufficient counsel to brief the issues under the schedule Defendants-Appellants have proposed.
Arizona's Governor requested the following appeal schedule: opening brief due 8/12/2010, response brief due 8/26/2010, reply brief due 9/2/2010 and oral argument during week of September 13, basically a 30 day schedule, almost twice the schedule allowed for the original motion for preliminary injunction.
On July 30, 2010, the Appeals Court ordered the following appeal schedule:
- opening brief due August 26, 2010
- response brief due September 23, 2010
- reply brief due 14 days after response
- oral argument (hearing) during first week of November, 2010
Ninth Circuit Opinion
On November 1, 2010 The U.S. Court of Appeals for the Ninth Circuit heard arguments in the case. The three-judge panel was composed of Judges Richard PaezRichard Paez
Richard Anthony Paez is a federal judge on the United States Court of Appeals for the Ninth Circuit.- Early life and education :Paez hails from Utah. He received his Bachelor of Arts degree from Brigham Young University in 1969...
, Carlos Bea
Carlos Bea
Carlos Tiburcio Bea is a federal judge on the United States Court of Appeals for the Ninth Circuit. He was appointed to that court by President George W. Bush in 2003 to replace Judge Charles Edward Wiggins....
, and John T. Noonan. The Court's opinion, released on April 11, 2011 and authored by Judge Paez, upheld Judge Bolton's ruling that some of the provisions found in the controversial S.B. 1070 were unconstitutional. Judge Noonan authored a concurrence. Judge Bea concurred in part and dissented in part with the Court's decision. Gov. Jan Brewer
Jan Brewer
Janice Kay "Jan" Brewer is the 22nd and current Governor of the U.S. state of Arizona and a member of the Republican Party. She is the fourth woman, and third consecutive woman, to hold the office...
has asked the United States Supreme Court to review and overturn the decision of Judge Bolton and the Ninth Circuit.