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Univ. of San Diego School of Law

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Monday, December 12, 2011

Court grants review in Arizona immigration case

The papers can be found at ScotusBlog, which also has this useful overview by Lyle Denniston summarizing the issues as follows:

The four provisions at issue are:

** A requirement that police in making any stop or arrest to try to determine the individual’s legal right to be in the U.S., if the officer has a “reasonable suspicion” of illegality.  If arrested, the individual cannot be released until his legal status is verified by the federal government.  That is the law’s Section 2(B).

** A provision making it a crime under state law for an individual to intentionally fail to obtain and carry legal immigrant papers with him while in Arizona (Section 3).

** A provision making it a misdemeanor for an undocumented immigrant to apply for a job, publicly solicit a job, or actually work in Arizona (Section 5[C]).

** And, a provision that allows police to arrest without a warrant any person for whom the officer has “probable cause to believe” that the individual has committed any crime, anywhere, that would make that individual subject to being deported (Section 6).

http://lawprofessors.typepad.com/crimprof_blog/2011/12/court-grants-review-in-arizona-immigration-case.html

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