The U.S. Supreme Court has decided to hear arguments in Arizona v. United States, the lawsuit concerning the constitutionality of the state’s controversial immigration enforcement measure S.B. 1070. The bill originally was scheduled to become law in June 2010. However, shortly before it went into operation, the U.S. District Court for Arizona issued an injunction preventing four key parts of the measure from taking effect. The Ninth U.S. Circuit Court of Appeals upheld that ruling, and the following provisions of the law have remained stalled since:
- Undocumented workers may not apply for or perform work;
- When applicable, individuals must carry “alien-registration papers”;
- Police officers must make a reasonable attempt to determine the immigration status of stopped individuals when they suspect that they are in the United States illegally;
- Police may make warrantless arrests of individuals when they believe they have committed offenses that could lead to their removal from the United States.
This week, the Supreme Court announced that it would hear the debate over the preliminary injunction. The core of the dispute is whether Arizona’s law conflicts with or simply supplements federal immigration law. The High Court is expected to hear arguments this spring and issue a ruling by June 2012.
Chris McFaddenis an associate with Ford & Harrison LLP. He is also an editor of the Arizona Employment Law Letter. If you have a question about this article or other workplace issues contact him at (602) 627-3524.