Arizona, et al., Petitioners v. United States (567 U.S. 387)
U.S. Supreme Court · decided June 25, 2012 · Supreme Court Database (Spaeth)
- Citation
- 567 U.S. 387 · 132 S. Ct. 2492
- Decided
- June 25, 2012
- Term
- October Term 2011
- Vote
- 5–3
- Majority author
- Justice Kennedy
- Issue area
- Federalism
- Disposition
- Affirmed and reversed (or vacated) in part and remanded
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Justice Kennedy delivered the opinion of the Court. To address pressing issues related to the large number of aliens within its borders who do not have a lawful right to be in this country, the State of Arizona in 2010 enacted a statute called the Support Our Law Enforcement and Safe Neighborhoods Act. The law is often referred to as S. B. 1070, the version introduced in the State Senate. See also H. B. 2162, 49th Leg., 2d Reg. Sess. (2010) (amending S. B. 1070). Its stated purpose is to “discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States.” Note following Ariz. Rev. Stat. Ann. § 11-1051 (West 2012). The law’s provisions establish an official state policy of “attrition through enforcement.” Ibid. The question before the Court is whether federal law pre-empts and renders invalid four separate provisions of the state law. I 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 §…
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