The Supreme Court has largely invalidated Arizona’s SB1070 statute, a law created for the purpose of deterring illegal immigration. Only section 2(b) – the ‘show me your papers’ provision was allowed to stand.
On Monday, June 25th, the U.S. Supreme Court held the State of Arizona overstepped its authority, and affirmed that only the federal government can regulate immigration the U.S. Invalidating most of Arizona’s divisive SB1070, the Court declared that state efforts to curb illegal immigration would create a patchwork of differing state rules. The effect of the ruling was to also invalidate the thorniest provisions of similar state statutes in Alabama, South Carolina, Indiana, and Georgia.
The Court allowed to stand, however, the controversial section 2(b) – commonly referred to as the ‘show me your papers’ provision. This portion of the law requires law enforcement to obtain proof of lawful status from detained individuals if they are suspected of being in the U.S. unlawfully. The Court confirmed this provision of law was not preempted by federal law, but warned that the provision might be unconstitutional in practice – opening up avenues for further litigation.
The Department of Homeland Security has said it will only accept referrals from Arizona individuals who meet prosecutorial priorities – such as criminal immigrants and those who have reentered the U.S. after prior deportation.