Monday, April 11, 2011

ThinkProgress » U.S. Appeals Court Rules Arizona’s Immigration Law Is Unconstitutional

ThinkProgress » U.S. Appeals Court Rules Arizona’s Immigration Law Is Unconstitutional

Today, the 9th U.S. Circuit Court of Appeals ruled in favor of Bolton’s preliminary injunction on several major provisions of SB-1070. In their stinging legal critiques, 9th Circuit Judges Richard Paez and John Noonan wrote in their concurring opinions that each of the provisions blocked by Bolton are outright “unconstitutional” and that SB-1070 is preempted by federal law and foreign policy:

By imposing mandatory obligations on state and local officers, Arizona interferes with the federal government’s authority to implement its priorities and strategies in law enforcement, turning Arizona officers into state-directed DHS agents. [...]

[T]he record unmistakably demonstrates that S.B. 1070 has had a deleterious effect on the United States’ foreign relations, which weighs in favor of preemption. [...]

Finally, the threat of 50 states layering their own immigration enforcement rules on top of the INA [Immigration and Nationality Act] also weighs in favor of preemption.

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