United States v. Arizona: The Support Our Law Enforcement and Neighborhoods Act is Preempted and Discriminatory
Melissa Goolsarran
Table of Contents I. Introduction 1 II. Perspective: Immigration, Discrimination, and Limitations on State Laws 3 III. Background: United States v. Arizona 9 A. S.B. 1070 and the Legislature’s Justification 10 B. The Decision: United States v. Arizona 18 IV. Analysis: S.B. 1070 is Preempted by Federal Immigration Law and Also Discriminatory 23 A. The Ninth Circuit Court of Appeals Correctly found that S.B. 1070 is Preempted Because it Interferes with the Administration and Enforcement of Federal Immigration Laws 24 B. S.B. 1070 Discriminates on the Basis of Race or National Origin 32 V.
This famous “Melting-Pot” has since expanded to encompass immigrants from all over the world, not just Europe. As history reveals, the United States has faced immigration concerns since its inception: from the importation of slaves, through the exclusion of Asians, to the national origin system. The recent continuous increase of illegal immigration into Arizona, however, has prompted the state legislature to pass S.B. 1070 in order to supplement federal immigration laws. Critics argue that it is preempted by federal immigration law and discriminatory against Hispanics on the basis of race and/or national origin. One must look at the intricate and codependent relationship between federal and state laws in order to determine whether S.B. 1070 is constitutional. While each individual law, whether national or state-wide, addresses a complex issue, it must also be promulgated in accordance with the Constitution. Immigration law in the United States is derived from both the Constitution and various legislative enactments. According to the Constitution, the federal government alone has the exclusive power to regulate immigration. For example, the federal government regulates “who should or should not be admitted into the country, and the conditions under which a legal entrant may remain.” Statutory laws, complementary to the Constitution, further define the federal government’s ability to set immigration policies. For instance, The