Friday, April 30, 2010

Constitutional Challenges to Arizona Immigration Law SB 1070

Two more complaints have been filed in federal courts challenging the constitutionality of Arizona Immigration Law SB 1070.   In addition to the complaint filed by the Tucson police officer Martin Escobar we discussed previously, Phoenix police officer David Salgado has filed a complaint with similar allegations and arguments.

The more lengthy complaint filed by National Coalition of Latino Clergy and Christian Leaders (CONLAMIC) is filed as a class action of "all persons who currently reside in Arizona and find themselves to be negatively affected by the proposed unconstitutional law." (para 51).   The claims of unconstitutionality include substantive due process under the Fourteenth Amendment, violations of the Supremacy Clause; First Amendment; and violations of the Fourth Amendment and procedural due process. 

Other constitutional arguments are being put forward in a nonjudicial forum, spearheaded by Professor Ediberto Roman:

 Immigration and Constitutional Law Experts Against SB 1070

The undersigned law professors, immigration experts, and interested organizations write this petition requesting the Governor and the Legislature of the State of Arizona to repeal SB 1070, or in the alternative, calling upon Congress to conduct hearings on Arizona‚Äôs ultra vires act of authorizing local police to enforce federal immigration laws without an express delegation from Congress. The petitioners also urge President Obama to direct the Justice Department Civil Rights Division to mobilize quickly to educate the public how to report civil rights violations associated with SB 1070. With the passage of SB 1070, the state of Arizona has ignored legal precedent striking down similar state encroachments on federal supremacy relating to immigration. Moreover, courts have held similar encroachments to be violative of Due Process and Equal Protection.

  [remainder of statement and more information here]

{Update: Arizona immigration statute partially enjoined; here}


Cases and Case Materials, Current Affairs, Federalism, Fourteenth Amendment, Fundamental Rights, News, Preemption, Procedural Due Process, Race, Reconstruction Era Amendments, Supremacy Clause | Permalink

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These "complaints" are going no where. Why can't we stop this racist Republican machine? They are now going down a slippery slope of racial hatred, trying to overturn Amendment 14, to make sure no one can legitimately be born as a citizen in the US!? Also, they are probably planning on making English the only language in Arizona. What's next? - Are they going to charge doctors with misdemeanors for assissting illegal aliens with healthcare?

This is scary. And Arpio wants to open more death/work camps from Phoenix to Mexico. Echoes of WWII, but who would have thought that the War is right here at home?

Posted by: Daniel | Jun 16, 2010 5:55:49 PM

I'm struck by the lack of objective comparisons to the laws of other countries and how they enforce them. We are constitutional lawyers so this should be our strongsuit. Are we the only country in the G20 with immigration laws? Of course not!

So if the only motive for limiting immigration is racism, then all of the G20 must be EVEN MORE racist than Arizona? They can profile, do not require probably cause, and local police cooperate with their federal equivalents.

Perhaps we should consider the most common human motive for ANYTHING... good ole self interest. As one of my immigration lawyer collegues mentioned, "if illegal immigrants were mostly highly educated, high asset, and were english fluent, we'd open the borders faster than a department store on Christmas". There is no obvious reason one should desire an increase in one's own race as opposed to another. Whats the benefit? But there are LOTS of reasons to desire affluence.

Progress requires that we correctly assess motives... and self interest is usually the most powerful.

Posted by: Joe | Jul 27, 2010 3:07:45 PM

Daniel- you're an idiot. Read SB1070 first versus spitting out pop-culture/ fanatic "racist" hooha. I did not read a single thing in SB1070 propagating racism, nor did there was a speck of inpropriaty about health care provisions for illegal immigrants. Did you know the current operating procedure for Border Patrol and ICE is to seek the best possible health care for any ailing illegal immigrant, to the point that they medivac de-hydrated immigrants to Tucson Medical Center from the border cities/ desert areas? Before you spin up your own tornado, get educated.

Posted by: Mel | Aug 10, 2010 10:40:40 AM

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