In a much-anticipated decision on Arizona’s controversial immigration statute, Arizona’s Support Our Law Enforcement and Safe Neighborhoods Act (“S.B. 1070”), the Court U.S. Supreme Court has ruled, in a 5-3 decision, the U.S. Department of Justice had established a likelihood of success that three of the four challenged provisions of S.B. 1070 are preempted by federal immigration law. Arizona et al. v. U.S., No. 11-182 (June 25, 2012).
With respect to Section 2(B) of the Act, requiring law enforcement officers to check a person’s immigration status while enforcing other laws if “reasonable suspicion” exists that the person is in the U.S. illegally, the Court held that it “would be inappropriate to assume §2(B) will be construed in a way that creates a conflict with federal law.” However, the majority stated that it was not foreclosing “other preemption and constitutional challenges to the law as interpreted and applied after it goes into effect.”