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August 3, 2012

HR Fact Friday: Supreme Court Strikes Down Most of Arizona Immigration Law

Last month the Supreme Court  issued a ruling striking down most of the Arizona immigration law. The ruling essentially concluded that most substantive immigration law issues must be resolved and determined by the federal government. Thus, the following Arizona provisions were deemed inappropriate:

  1. the provision making it a state crime for illegal immigrants not to possess their federal registration cards;
  2. the provision making it a crime for illegal immigrants to work, apply for work or solicit work and
  3. the provisions allowing police to arrest illegal immigrants without a warrant when probable cause exists that they committed any public offense that makes the person removable from the country.

The Supreme Court did not strike down the provision of Arizona’s law allowing law enforcement officials to check the immigration status of persons stopped for another reason, if there is a reasonable basis to believe a person is undocumented.  However, the Supreme Court said such a provision might be reviewed in the future if there is evidence of racial or illegal profiling.


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