ARIZONA V. UNITED STATES
132 S.Ct. 2492 (2012)
NATURE OF THE CASE: This was a dispute concerning the interaction of state and federal
power with respect to the law of immigration and alien status.
FACTS: Arizona has been literally invaded by foreign nationals from across the Mexican
border. With the federal government doing nothing to stem the tide of illegal aliens,
Arizona passed its own laws to do so. Arizona bears many of the consequences of unlawful
immigration. Hundreds of thousands of deportable aliens are apprehended in Arizona each
year. Unauthorized aliens who remain in the State comprise almost six percent of the
population. Accounts in the record suggest there is an 'epidemic of crime, safety risks,
serious property damage, and environmental problems' associated with the influx of illegal
migration across private land near the Mexican border. Section 3 of the law makes failure to
comply with federal alien-registration requirements a state misdemeanor. Section 5 makes it
a misdemeanor for an unauthorized alien to seek or engage in work in the State. Two other
provisions give specific arrest authority and investigative duties with respect to certain
aliens to state and local law enforcement officers. Section 6 authorizes officers to arrest
without a warrant a person 'the officer has probable cause to believe ... has committed any
public offense that makes the person removable from the United States.' Section 2(B)
provides that officers who conduct a stop, detention, or arrest must in some circumstances
make efforts to verify the person's immigration status with the Federal Government. The
District Court issued a preliminary injunction preventing the four provisions at issue from
taking effect. The Ninth Circuit affirmed. The Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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