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

Journal of Civil Rights and Economic Development, Vol. 27, 2014, pg. 441

29 Pages Posted: 30 Jul 2012 Last revised: 9 Jul 2015

See all articles by Patrick J. Charles

Patrick J. Charles

Government of the United States of America - Air Force

Date Written: December 1, 2014

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.

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

Suggested Citation

Charles, Patrick J., Weighing the Constitutionality of State Immigration Verification Laws in the Wake of Arizona v. United States (December 1, 2014). Journal of Civil Rights and Economic Development, Vol. 27, 2014, pg. 441, Available at SSRN: https://ssrn.com/abstract=2119809

Patrick J. Charles (Contact Author)

Government of the United States of America - Air Force ( email )

Washington, DC
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
178
Abstract Views
1,087
Rank
314,292
PlumX Metrics