Research Paper on "Arizona SB 1070"
Research Paper 5 pages (1388 words) Sources: 10
[EXCERPT] . . . .
ArizonaThe Federal Preemption of Arizona Immigration Law SB 1070
Arizona's new immigration law, the Support Our Law Enforcement and Safe Neighborhoods Act - SB 1070, is one of the most controversial pieces of legislation in recent memory.
It gives states unprecedented power in regulating illegal immigrants, which is traditionally handled by the Federal Government.
Proponents believe that it is necessary to reduce illegal immigrants' exploitation of our broken immigration system, where "crossing the border is like crossing the finish line."
Opponents believe that it is motivated by racism and xenophobia.
SB 1070 potentially violates a number of Constitutional principles, such as the Equal Protection Clause and the Fourth Amendment's Prohibition of Unreasonable Search and Seizure. However, the Act's intrusion on federal power will prove to be its biggest vulnerability as it is litigated in the Federal court system.
The Legal Provisions of Arizona's SB 1070
SB 1070 gives the state the power to arrest and try illegal aliens who are in Arizona without carrying the required documents.
It gives state police the power to investigate the immigration status of an individual if there is reasonable suspicion that the person is an illegal alien when the individual is arrested or stopped by the police.
If the individual is arrested by the police on suspicion of being an illegal alien, the police will detain the individual until they receive confirmation of the person's legal immigration status by the federal
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Federal Preemption
Federal Preemption of state law is rooted in the Supremacy Clause of the U.S. Constitution, which states that "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof & #8230; shall be the supreme Law of the Land; & #8230; any Thing in the Constitution or Laws of any state to the Contrary notwithstanding.."
Courts have interpreted this clause to give the Federal Government the right to mark off exclusive domains of regulation.
Even when the Federal Government fails to explicitly mark off a domain of regulation, Courts will infer that the Federal Government intended to do so if the federal regulatory scheme is so pervasive as to "occupy the field" in that area of the law, a concept known as "field preemption."
SB 1070 may be preempted by Federal law because the Federal Government has already created a regulatory scheme which is so pervasive so as to occupy the field of immigration regulation through the Immigration and Naturalization Act ("INA") and the agencies which enforce the INA, such as the Department of State and United States Citizenship and Immigration Services (USCIS).
For example, the U.S. already requires aliens who have been in the country longer than 30 days to have registration documents on their person.
Thus, there is already an extensive statutory scheme in place and states have played no role in the regulation of immigration before this point.
Opponents of SB 1070 take particular issue with the Act's provisions regarding the arrest and detention of suspected illegal aliens.
Those that believe it to be tacitly racist or anti-alien believe that it violates the Equal Protection Clause of the Fourteenth Amendment.
Although there are many discrimination and civil liberties issues at play here, opponents of SB 1070 recognize that it is best to bet on the interests of the Federal Government.
In Whiting v. Friendly, a recent case brought by the American Civil Liberties Union ("ACLU"), the plaintiff argued that SB 1070 will "(1) require police to investigate and determine who may remain in the United States; (2) erect a state immigration registration and punishment scheme by creating state crimes and criminal penalties relating to alien registration, immigration status, and work authorization; and (3) require police to arrest and detain individuals and transfer them to federal authorities based merely on a belief that they have violated federal civil immigration laws, when state and local officers are not competent to make such a determination or authorized to make it under federal law."
State Enforcement of Federal Law
Proponents of SB 1070 argue that Arizona is not attempting to pass new law in the regulatory field of immigration, but rather that it is trying to enforce… READ MORE
Quoted Instructions for "Arizona SB 1070" Assignment:
“This particular paper will be a topic of the issues, both pro and con, for Arizona SB 1070
Papers must deal with an agreed constitutional question or question involving civil liberties. For example, the student may wish to look at the Second Amendment in first a general sense, then focus, as to the paper itself, on some narrow sliver of this broad constitutional right to bear arms. The thrust must be narrow and focused rather than grand and general. Hence when narrowing the Second Amendment, it makes sense to look at some case, some attempted statutory regulation or other slice of the larger problem.
Formal requirements for the paper are:
Footnotes or Endnotes: 30-35 (Uniform System of Citation)
1.5*****" margins
1.5 line spacing
Source material: required to use 10 differing primary sources in the form of actual text or periodical literature. Web locations are not scholarly source material.
required to express ideas at a level consistent with the graduate designation and the content of delivery but also attentiveness to grammar, punctuation, and other predictable aspects of what creates a solid and defensible piece of scholarly material.
Use at least 10 independent, credible, scholarly sources such as Journals, Law Reviews and texts (no Wikipedia, please)
Absolute attention must be given to documentation of sources. The Uniform System of Citation must be utilized.
How to Reference "Arizona SB 1070" Research Paper in a Bibliography
“Arizona SB 1070.” A1-TermPaper.com, 2010, https://www.a1-termpaper.com/topics/essay/arizona-federal-preemption/8344342. Accessed 1 Jul 2024.
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