Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

Arizona v. United States (2012)

Read a random definition: exempt property

A quick definition of Arizona v. United States (2012):

Arizona made a law called S.B. 1070 to stop people from entering the US illegally. The Supreme Court looked at four parts of the law. They said that three parts were not allowed because they went against the federal law. One part was allowed, but they needed to see how it would work before they could decide if it was okay. The Court said that the federal government has the power to make rules about immigration, and states can't make laws that go against those rules.

Justice Scalia, Justice Thomas, and Justice Alito disagreed with the majority opinion. They thought that the states should have more power to decide who can come into their state. Justice Kagan did not take part in the decision.

A more thorough explanation:

Arizona v. United States was a Supreme Court case that dealt with Arizona's Support Our Law Enforcement and Safe Neighborhoods Act (S.B. 1070). The case held that certain provisions of the law were preempted by federal law, while one provision needed to be allowed to be practiced before deciding whether it should be stopped.

In 2010, Arizona passed S.B. 1070 to discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States. The law had four provisions:

  • Section 3 made it a state misdemeanor to fail to comply with federal alien-registration requirements.
  • Section 5(C) made it a state misdemeanor for an unauthorized alien to look for or perform work in Arizona.
  • Section 6 authorized officers to execute warrantless arrests where “the officer has probable cause to believe . . . [a person] has committed any public offense that makes the person removable from the United States”.
  • Section 2(B) required officers in certain scenarios, when conducting a stop, detention, or arrest, to make efforts to verify the person’s immigration status with the Federal Government.

The Supreme Court held that sections 3, 5(C), and 6 of S.B. 1070 were preempted by federal law, but section 2(B) must be allowed to be construed in practice before deciding whether the provision should be enjoined.

The Court found that the federal government has broad power to regulate immigration, and state laws that conflict with federal law are preempted. The Court held that sections 3, 5(C), and 6 conflicted with federal law and were therefore preempted. However, the Court held that section 2(B) was not necessarily preempted by federal law, and left it to the state courts to determine whether it conflicts with federal immigration law.

Section 3 of S.B. 1070 made it a state misdemeanor to fail to comply with federal alien-registration requirements. This provision was found to be preempted by federal law because it created a state misdemeanor for conduct already proscribed by federal law, thereby infringing upon the federal scheme that regulates the field of alien registration.

Section 5(C) of S.B. 1070 made it a state misdemeanor for an unauthorized alien to look for or perform work in Arizona. This provision was found to be preempted due to Congress’ enactment in 1986 of the Immigration Reform and Control Act, which specifically addressed the employment of illegal aliens.

Section 6 of S.B. 1070 authorized officers to execute warrantless arrests where “the officer has probable cause to believe . . . [a person] has committed any public offense that makes the person removable from the United States”. This provision was found to be preempted as well, as an impediment to the removal system created by Congress.

Section 2(B) of S.B. 1070 required officers in certain scenarios, when conducting a stop, detention, or arrest, to make efforts to verify the person’s immigration status with the Federal Government. This provision was not necessarily preempted by federal law according to the Court, but needed to be allowed to be practiced before deciding whether it should be stopped.

Arizona | Arkansas

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
babycat
15:12
I'm never dating or fucking more than one person at a time
babycat
15:12
But one time this guy I'd been dating for a little bit had a tinder notification come up on his phone and I flipped my shit lol
1a2b3c4d26z
15:12
Yea but isn't that just cheating
1a2b3c4d26z
15:12
If you're already dating
babycat
15:13
I mean like casual dating without a label
BulbasaurNoLikeCardio
15:13
My wife and I date girls together but we don't fuck unless it is going to be exclusive but having hot chick friends you can flirt with is great.
babycat
15:13
I also have hot chick friends I can flirt with
BulbasaurNoLikeCardio
15:13
@babycat: Tinder spams marketing messages so dude probably forgot to delete but either way he didn't deserve you so fuck him
babycat
15:14
That was actually it but I was mean to him for like two days about it anyways
Dkk
15:14
Yeah, I am going to bed. I am starting to feel tired. Goodnight.
15:14
Goodnight DK
Dkk
15:14
Thank you. Goodnight to you too.
babycat
15:14
don't let the bedbugs bite
Dkk
15:14
Yeah cus bed bugs can carry aids.
BulbasaurNoLikeCardio
15:14
The whole having a group of hot chick friends you can flirt with while going out is great. Makes for a fun and safer environment when drinking.
babycat
15:15
I love my hot chick friends. Don't know where I would be without them
15:15
Crazy story, I had dinner with the dad of a friend of mine and he just openly went on Tinder in front of me and the other guys. Later my mom ran into him with another woman (not his wife/friend's mom) and he got very uncomfortable and never texted her again
15:15
I can't imagine what it's like being a cheater or like a serial dater. Shit seems so nervewracking
BulbasaurNoLikeCardio
15:16
My wife and I have great and open communication but one night she kept asking me why this girl is blowing up my phone with messages/pictures so I showed her... she got a new puppy and got drunk so had her puppy doing a fashion shoot at 11pm.
babycat
15:16
Awwww
BulbasaurNoLikeCardio
15:17
I need more hot friends to hang with, the town we are in sucks butt for it and everyone seems shifty/flaky.
glovediedthisishismom
15:17
whoever was asking for an AU wave earlier fished their wish
babycat
15:18
I keep my dating very clean and above board. No overlaps, no ambiguities. If you want to go into some sort of public office in the future it's good to be smart about things like that
babycat
15:18
So many politicians have sex scandals and that's how they get blackmailed and other people have power over them. I mean of course there are ethical and emotional issues too but it's literally just smart to not be a cheater
BulbasaurNoLikeCardio
15:19
I would never go into public office as it drags in your family as well. Dating is so much easier then some people make it out to be and it is not that hard to not cheat. I would always tell my soldiers to rub one out before making a big decision so they arent acting dumb
BulbasaurNoLikeCardio
15:20
Like if more cheaters just paused and rubbed one out they would be like you know maybe ill just watch some TV
babycat
15:20
I've seen some people do a really good job keeping their family out of it. But it really is an "anything they can use against you, they will" type of vibe
babycat
15:21
Ugh I need to go work on essays bye folks
BulbasaurNoLikeCardio
15:22
I don't do anything I can be blackmailed with, I like money too much to be sketch. Have fun doing your essays and a good weekend
15:23
don't have the motivation to work on essays
LSD+ is ad-free, with DMs, discounts, case briefs & more.