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Arizona v. United States (U.S. 2012)

Articles Discussing Case:

Supreme Court Bars Arizona, Other States From Criminalizing Alien Employment

FordHarrison LLP • June 27, 2012
The key takeaway for employers from the Supreme Court's ruling yesterday on Arizona's controversial Senate Bill (SB) 1070 law is that states cannot make criminals out of those in their jurisdiction who work or seek employment while unlawfully in the United States. The 5-3 decision, written by Justice Anthony Kennedy, held that Congress already has "decided it would be inappropriate to impose criminal penalties on aliens who seek or engage in unauthorized employment." Thus, Section 5 of SB 1070, the only provision dealing directly with the employment of undocumented aliens, will never go into effect.

High Court Strikes Down Key Sections of Arizona's Immigration Law

Ogletree Deakins • June 26, 2012
On June 25, 2012, the U.S. Supreme Court, with Justice Anthony Kennedy writing for the majority, ruled that several significant provisions of Arizona’s immigration law, often referred to as S.B. 1070, are preempted by federal law. The Court also ruled that it was improper to enjoin another provision of the law. Of particular significance to employers, the Court ruled that section 5(C) of the law, which imposes criminal penalties on unauthorized aliens who are seeking or engaging in work in the state, is an obstacle to the federal regulatory system, namely the Immigration Reform and Control Act of 1986 (IRCA). Arizona v. United States, No. 11–182, U.S. Supreme Court (June 25, 2012).

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