The U.S. Supreme Court has taken another swipe at an Arizona statute that addresses the State’s response to illegal immigration. In Arizona v. Intertribal Council of Arizona, Inc., No. 12-71 (June 17, 2013), the Court invalidated part of Arizona’s voter registration law, which required applicants to submit documentary evidence of citizenship when registering to vote
Jeffrey W. Toppel
It’s Official: Arizona Federal Court Dissolves Injunction, Allows Enforcement of Controversial Immigration Provision
An Arizona federal court judge has dissolved a preliminary injunction that was blocking enforcement of a controversial provision of Arizona’s Senate Bill 1070. Under the provision, law enforcement officials are required to determine the immigration status of any person stopped under state or local law if reasonable suspicion exists that the person is unlawfully present…
U.S. Supreme Court Holds Several Provisions of Arizona’s Immigration Bill Preempted, But Most Controversial Provision Survives
The U.S. Supreme Court has issued its much anticipated decision on Arizona’s controversial immigration statute, Arizona’s Support Our Law Enforcement and Safe Neighborhoods Act (“S.B. 1070”). In so doing, the Court affirmed, in a 5-3 decision, the Ninth Circuit of Appeals, agreeing that the U.S. Department of Justice (“DOJ”) had established a likelihood of success…
Supreme Court Hears Challenge To Arizona’s Controversial Immigration Statute
The U.S. Supreme Court (with just eight justices sitting) has held oral argument on the U.S. Department of Justice’s challenge to Arizona’s Support Our Law Enforcement and Safe Neighborhoods Act (“S.B. 1070”) in Arizona v. U.S., No. 11-182. Justice Elena Kagan is not participating in the case because she was the Solicitor General and involved…
Key Provisions of Arizona’s Controversial Immigration Law Will Come under U.S. Supreme Court Scrutiny
The U.S. Supreme Court has agreed to hear the U.S. Department of Justice’s challenge to Arizona’s Support Our Law Enforcement and Safe Neighborhoods Act (“S.B. 1070”). Last year, the DOJ filed a lawsuit challenging several of the Act’s provisions on federal preemption grounds, arguing the federal government has exclusive authority to address immigrations issues and…
U.S. Department of Justice Sues Arizona Sheriff for Records Relating to Potential Civil Rights Abuses
The U.S. Department of Justice (“DOJ”) has filed a lawsuit against the Maricopa County Sheriff’s Office, and its well known County Sheriff Joe Arpaio, for his refusal to hand over documents in the DOJ’s long running civil rights probe. The complaint alleges that the Sheriff’s Office is in violation of Title VI of the Civil…
Federal Judge Hears Challenges to Arizona Immigration Law
On July 22, Judge Susan Bolton of the U.S. District Court in Phoenix heard arguments in two of the most highly publicized challenges to Arizona Senate Bill 1070: (1) the lawsuit filed by a coalition of civil rights groups and labor unions; and (2) the lawsuit filed by the U.S. Department of Justice (“DOJ”). The…
Another Lawsuit Filed Challenging Arizona’s Senate Bill 1070
The list of lawsuits challenging Arizona’s Support Our Law Enforcement and Safe Neighborhoods Act (Senate Bill 1070) continues to grow. On May 17, 2010, 14 civil and immigrant-rights groups, along with 10 individuals, filed a lawsuit in U.S. District Court challenging the constitutionality of Senate Bill 1070. At least five separate lawsuits have been filed…
Sheriff Joe Arpaio Rides Again
While Arizona’s controversial new immigration law, Senate Bill 1070, continues to garner national attention in the months leading up to its July 29 effective date, employers in Arizona must not forget their obligations under the already effective Legal Arizona Workers Act (“LAWA”). LAWA imposes severe penalties on employers who either “knowingly” or “intentionally” hire unauthorized…
More Challenges to Arizona Immigration Statute Announced
The city councils of two major Arizona cities – Tucson and Flagstaff – have announced their intentions to file lawsuits to challenge the Support Our Law Enforcement and Safe Neighborhoods Act (Senate Bill 1070). The Flagstaff City Council voted unanimously in favor of a resolution authorizing the lawsuit. The Council described the move as an…