Weighing the Constitutionality of State Immigration Verification Laws in the Wake of Arizona v. United States

Abstract:     
In the wake of Arizona v. United States, it is settled that state immigration verification laws like Section 2(B) are facially constitutional. At the same time, the Supreme Court did not foreclose that Section 2(B) could be preempted in terms of its application, nor did the Court shield the law from subsequent civil rights litigation. Thus, the question moving forward is under what circumstances, if any, can Section 2(B) be held unconstitutional moving forward? The question is important not only for unlawful immigration impacted states like Arizona, but to a number of states that have enacted similar laws.

Number of Pages in PDF File: 22

Keywords: immigration, deportation, S.B. 1070, Arizona v. United States, immigration verfication, fourth amendment, unlawful immigration, illegal immigration

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