A Legal Labyrinth: Issues Raised by Arizona Senate Bill 1070

47 Pages Posted: 29 May 2010 Last revised: 11 Apr 2011

Gabriel "Jack" Chin

University of California, Davis - School of Law

Carissa Byrne Hessick

University of North Carolina (UNC) at Chapel Hill - School of Law

Toni M. Massaro

University of Arizona College of Law

Marc L. Miller

University of Arizona - James E. Rogers College of Law

Date Written: April 8, 2011

Abstract

This paper explores SB 1070, the 2010 Arizona law creating several new immigration-related crimes in the Arizona code and imposing a set of duties on Arizona law enforcement agencies and officers, some enforceable by private suit. We lay out the main features of the statute, show how they fit in to current Arizona and federal law, and are in many respects novel. We also explore some of the interpretive and constitutional issues presented by particular sections of the law.

We emphasize that our views are necessarily preliminary. To understand this bill requires the expertise of one half of a law school faculty, since issues arise about both structural and substantive constitutional law, immigration law, criminal law, criminal procedure, state and local government law, and other fields. Further, SB 1070 includes many provisions whose interpretation is open to a range of interpretations. Accordingly, we invite comments and rejoinders to this analysis.

Keywords: SB 1070, Arizona, Immigration, Undocumented, Illegal Alien, Federalism, Arizona, Crimmigration, Preemption

JEL Classification: K14, K23, K42

Suggested Citation

Chin, Gabriel "Jack" and Hessick, Carissa Byrne and Massaro, Toni M. and Miller, Marc L., A Legal Labyrinth: Issues Raised by Arizona Senate Bill 1070 (April 8, 2011). Georgetown Immigration Law Journal, Vol. 25, p. 47, 2010; Arizona Legal Studies Discussion Paper No. 10-24. Available at SSRN: https://ssrn.com/abstract=1617440

Gabriel Jackson Chin (Contact Author)

University of California, Davis - School of Law ( email )

Martin Luther King, Jr. Hall
400 Mrak Hall Dr.
Davis, CA 95616-5201
United States
520-401-6586 (Phone)
530-754-5311 (Fax)

Carissa Byrne Hessick

University of North Carolina (UNC) at Chapel Hill - School of Law ( email )

Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States

Toni Marie Massaro

University of Arizona College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States
520-626-2687 (Phone)
520-621-9140 (Fax)

Marc Louis Miller

University of Arizona - James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States
520-626-2414 (Phone)

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