Thursday, April 29, 2010

Complaint Challenging Constitutionality of Arizona Immigration Law SB 1070

A lawsuit challenging the constitutionality of Arizona's new immigration law SB1070 has been filed today in the United States District Court for the District of Arizona.  The  Complaint alleges violations of

  • the due process clause of the Fourteenth Amendment, 
  • the equal protection clause of the Fourteenth Amendment,
  • the speech clause of the First Amendment,
  • the Fifth Amendment,
  • the Fourth Amendment,
  • and of preemption (see our analysis here) and unauthorized or supervised federal immigration conduct.

The plaintiff, Martin Escobar, alleges he is "Hispanic" and "is employed as a permanent Police Officer with the City of Tucson for the Tucson Police Department."

Picture 2

The Arizona Star story is here.  See more discussions of SB1070 here.

[UPDATE: For DOJ Complaint filed July 6, 2010 and analysis see here].

RR

http://lawprofessors.typepad.com/conlaw/2010/04/complaint-challenging-constitutionality-arizona-immigration-law-sb-1070.html

Current Affairs, Due Process (Substantive), Equal Protection, Fourteenth Amendment, Fundamental Rights, Preemption | Permalink

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Comments

I am really keen to see how the Escobar v. State of Arizone case plays out as a friend of mine is working on a similar case in Texas. Any idea when the court case will take place.

Posted by: Property Solcitor Cheshire | Apr 30, 2010 2:48:40 AM

is it contitutional or not? that's all i want to know

Posted by: kiko | May 12, 2010 7:20:07 PM

This is strictly piling on to confound the issue and delay the implementation of the law until after the election and also delay additional states from passing similar laws.

Pre-emption doesnt apply because Arizona is not pre-empting Federal law
they are parroting it. Every State has a right to make and enforce laws that protect citizens of their State, including removing individuals that may be unlawfully present by either State or Federal laws that apply...

This lawsuit needs to be fast tracked to the Supreme Court because its critical for the upcoming elections. You can bet the DOJ will find every means possible to delay transition of the case to the Supreme COurt until after the election

Posted by: major | Jul 6, 2010 8:36:08 PM

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