EVALUATING SB 1070'S ARGUMENTS

posted by Amer Taleb

Approximately two years after Gov. Brewer signed SB 1070 into law, the controversial immigration bill is finally headed to a place many people, since its inception, said it would; in front of the U.S. Supreme Court.

On April 25th, Arizona and the federal government will battle it out in the nation’s most powerful courtroom, each explaining why the U.S. Constitution is on their side.

If they pass, the four contested sections of SB 1070 would require Arizona law enforcement to verify the citizenship of every person they detain if they suspect the detainee is in the country illegally, while strengthening an officer's power to arrest someone without a warrant. Also, being in the United States without permission or seeking work without authorization would become state crimes.

The federal government says all the sections are preempted, meaning they infringe on the federal government’s supremacy over states when both of them legislate on the same issue.

In 2010, most Arizonans favored SB 1070’s provisions, according a Morrison Institute-Knowledge Networks Poll. And from June 2010 to February 2011, the majority of Americans supported Arizona’s immigration laws, the Pew Research Center found.

The likelihood that the Supreme Court's decision will match public opinion remains unclear. But whatever the outcome, the precedent this case sets will be felt in courtrooms across the country for many years to come.