Arizona v. United States

Arizona v. United States, 567 U.S. 387 (2012), a 5-3 U.S. Supreme Court invalidated multiple provisions of Arizona law concerning immigration, in a victory for liberals. Most notably, the Court held that a state is preempted by federal from making it a crime for an illegal alien to work without authorization. Id. at 403-407.

The Court declined to invalidate merely one of the provisions, and only pending interpretation of that provision by state courts.

This decision is the one most relied upon by pro-illegal immigration law briefs, such as briefs filed by the Biden Administration.

The Supreme Court framed the issues as follows:

“

The United States filed this suit against Arizona, seeking to enjoin S. B. 1070 as pre-empted. Four provisions of the law are at issue here. Two create new state offenses. Section 3 makes failure to comply with federal alien-registration requirements a state misdemeanor. Ariz. Rev. Stat. Ann. § 13-1509 (West Supp. 2011). Section 5, in relevant part, makes it a misdemeanor for an unauthorized alien to seek or engage in work in the State; this provision is referred to as § 5(C). See § 13-2928(C). Two other provisions give specific arrest authority and investigative duties with respect to certain aliens to state and local law enforcement officers. Section 6 authorizes officers to arrest without a warrant a person “the officer has probable cause to believe ... has committed any public offense that makes the person removable from the United States.” § 13-3883(A)(5). Section 2(B) provides that officers who conduct a stop, detention, or arrest must in some circumstances make efforts to verify the person's immigration status with the Federal Government. See § 11-1051(B) (West 2012). The United States District Court for the District of Arizona issued a preliminary injunction preventing the four provisions at issue from taking effect. 703 F. Supp. 2d 980, 1008 (2010). The Court of Appeals for the Ninth Circuit affirmed. 641 F.3d 339, 366 (2011). It agreed that the United States had established a likelihood of success on its pre-emption claims. The Court of Appeals was unanimous in its conclusion that §§ 3 and 5(C) were likely pre-empted. Judge Bea dissented from the decision to uphold the preliminary injunction against §§ 2(B) and 6. This Court granted certiorari to resolve important questions concerning the interaction of state and federal power with respect to the law of immigration and alien status. 565 U.S. 1092, 132 S. Ct. 845, 181 L. Ed. 2d 547 (2011).

”

Arizona v. United States, 567 U.S. 387, 393-94, 132 S. Ct. 2492, 2497-98 (2012)

Then Justice Anthony Kennedy held for the Court:

“

Immigration policy shapes the destiny of the Nation. On May 24, 2012, at one of this Nation's most distinguished museums of history, a dozen immigrants stood before the tattered flag that inspired Francis Scott Key to write the National Anthem. There they took the oath to become American citizens. The Smithsonian, News Release, Smithsonian Citizenship Ceremony Welcomes a Dozen New Americans (May 24, 2012), online at http://newsdesk.si.edu/releases. These naturalization ceremonies bring together men and women of different origins who now share a common destiny. They swear a common oath to renounce fidelity to foreign princes, to defend the Constitution, and to bear arms on behalf of the country when required by law. 8 CFR § 337.1(a). The history of the United States is in part made of the stories, talents, and lasting contributions of those who crossed oceans and deserts to come here. The National Government has significant power to regulate immigration. With power comes responsibility, and the sound exercise of national power over immigration depends on the Nation's meeting its responsibility to base its laws on a political will informed by searching, thoughtful, rational civic discourse. Arizona may have understandable frustrations with the problems caused by illegal immigration while that process continues, but the State may not pursue policies that undermine federal law. * * * The United States has established that §§ 3, 5(C), and 6 of S. B. 1070 are pre-empted. It was improper, however, to enjoin § 2(B) before the state courts had an opportunity to construe it and without some showing that enforcement of the provision in fact conflicts with federal immigration law and its objectives. The judgment of the Court of Appeals for the Ninth Circuit is affirmed in part and reversed in part. The case is remanded for further proceedings consistent with this opinion.

”

Id. at 415-16.