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Long-Term Prospects for USA v. Arizona

By Daniel M. Kowalski, Attorney, The Fowler Law Firm PC Pundits, bloggers and talking heads are spending far too much time obsessing over irrelevant aspects of USA v. Arizona , the federal government’s lawsuit against SB 1070, Arizona’s immigration control bill, set to take effect in...

Supreme Court Declines to Wade Into Preemption Question of Immigration Versus Workers' Compensation Benefits

Last week the U.S. Supreme Court declined to review a case from Louisiana concerning workers' compensation benefits for an injured worker who was an illegal alien, and whether the Immigration Reform and Control Act of 1986 preempts state law awards of workers' compensation benefits to illegal...

Minn. Ct. App. on IRCA, preemption, I-9s, perjury: Reynua

"The federal Immigration Reform and Control Act (IRCA), 8 U.S.C. § 1324a (2006), preempts state prosecution of a job applicant for perjury or forgery involving the I-9 federal form for employment-eligibility verification." - State v. Reynua, Dec. 5, 2011 .

Federal Judge Blocks Key Sections of South Carolina Immigration Law

"A federal judge Thursday blocked enforcement of South Carolina's Arizona -style anti-immigration law, siding with the Obama administration's argument that three of the law's provisions unlawfully enter the federal government's turf. The decision from U.S. District Court Judge...

Immigrant Laws, Obstacle Preemption and the Lost Legacy of McCulloch

"With Congress’ perceived failure to enforce the immigration laws as a backdrop, this paper explores how the Supreme Court’s recent decision in Chamber of Commerce v.Whiting upholding the Legal Arizona Workers Act exposes some of the tensions and contradictions in modern preemption...

Split Decision on Nebraska Immigration Law

"Though a federal judge struck down a portion of the controversial Fremont, Neb., immigration ordinance Monday, the wrangling is not over. Both sides claimed victory. Though U.S. District Court Judge Laurie Smith Camp threw out portions of the ordinance that barred landlords from providing...

Lucas Guttentag on Preemption, Discrimination and Arizona v. U.S.

" The Supreme Court is expected to decide within days whether Arizona’s controversial immigration enforcement statute, S.B. 1070, is unconstitutional. Arizona’s law is widely condemned because of the discrimination the law will engender. Yet the Court appears intent on relegating questions...

Arizona Case Will Have Ripple Effect in Texas

" A decision by the U.S. Supreme Court on Arizona’s anti-illegal immigration law could have ramifications for Farmers Branch’s rehearing request on the city’s ordinance that bans [unauthorized] immigrants from rental properties. The Arizona and Farmers Branch cases have key parallels...

Supreme Court on Preemption: Arizona v. United States

"The question before the Court is whether federal law preempts and renders invalid four separate provisions of the state law. ... The issue is whether, under pre­emption principles, federal law permits Arizona to imple­ment the state-law provisions in dispute. ... Section 3 of S. B. 1070...

David Martin: Reading Arizona

"[T]he majority warmly reaffirmed a constitutional doctrine, known as obstacle preemption, that will favor the federal government’s interests in a wide swath of future cases. It also strongly endorsed the primacy of the federal government in immigration control, in the face of a stunningly...

Immigration Preemption after United States v. Arizona

"In the last several years, state and local governments have passed laws that attempt to “get tough on undocumented migrants.” The Supreme Court recently addressed one of these measures in United States v. Arizona , and the Court may soon be considering another. The United States Court...

Preempting Immigration Detainer Enforcement Under Arizona v. United States

"The power of the states to participate in immigration enforcement has been hotly debated. With its June 25, 2012 decision in Arizona v. United States, the Supreme Court dealt a hard blow against state involvement in immigration enforcement. This article addresses the impact of Arizona’s...

La. Ct. App. on 'Driving While Undocumented' Statute, Preemption: State v. Sarrabea

"Defendant argues La.R.S. 14:100.13 is an unconstitutional attempt to preempt federal law because it attempts to preempt the field of alien registration which is occupied by federal law. Thus, he asserts, the trial court lacked jurisdiction to convict him. In support of this assertion Defendant...

CA3 on Preemption: Lozano v. City of Hazleton

"This case is before us on remand from the United States Supreme Court. The City of Hazleton previously appealed the District Court‟s judgment permanently enjoining enforcement of two Hazleton ordinances that attempt to prohibit employment of unauthorized aliens and preclude them from renting housing...

Alaska Ct. App. on Preemption: State v. Silvera

"This consolidated case raises the question of whether the statewide three-judge sentencing panel has the authority to impose a sentence below the presumptive range to lessen, or eliminate, the risk that a defendant will be deported. The State argues that federal law prohibits state courts from...

CA9 on Preemption, Arizona S.B. 1070, Section 5: Valle Del Sol v. Whiting

"Plaintiffs challenge Arizona Revised Statutes § 13-2929, which attempts to criminalize the harboring and transporting of unauthorized aliens within the state of Arizona. The district court granted the plaintiffs’ motion for a preliminary injunction with respect to this provision on the...

Louisiana Supreme Court on Preemption: State v. Sarrabea

"After review of the relevant law, both statutory and jurisprudential, and despite its laudable goal aimed at preventing acts of terrorism, we are constrained to find, based on the Supreme Court case of Arizona v. United States, 132 S.Ct. 2492 (2012), that La. R.S. 14:100.13 operates in the field...

Cal. Sup. Ct. on FEHA, Preemption: Salas v. Sierra Chemical Co.

"Plaintiff sued his former employer under the California Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.), alleging that defendant employer failed to reasonably accommodate his physical disability and refused to rehire him in retaliation for plaintiff‟s having filed a workers...

Arizona Smuggling Statute Preempted By Federal Law

"A federal judge has voided one of the last remaining sections of the controversial package of anti-immigration laws approved by Arizona lawmakers in 2010. The provision struck down Friday by U.S. District Court Judge Susan Bolton made it a state crime to “engage in the smuggling of human...

CA9 on Arizona ID Theft Laws, Preemption: Puente Arizona v. Arpaio

Puente Arizona v. Arpaio, May 2, 2016 - "An immigrant advocacy organization, Puente Arizona, along with individual unauthorized aliens and taxpayers of Maricopa County (collectively “Puente”), challenge provisions of Arizona’s identity theft laws which prohibit using a false identity...

Montana Supreme Court Strikes Down Anti-Immigrant Law: MIJA v. Bullock (May 10, 2016)

MIJA writes: " The Montana Supreme Court has just issued a unanimous decision striking down the entirety of Montana's anti-immigrant law, which was placed on the 2012 ballot by the Montana legislature and approved by 80% of voters. The law, known as LR-121, would have denied a wide variety of...

Cyrus Mehta: Cross Currents In Federal Preemption of State and Local Immigration Law Under Trump

Cyrus Mehta, May 8, 2017 - "Preemption of federal immigration law over punitive state immigration laws was a hot topic until very recently, especially when Arizona enacted a tough enforcement law known as SB1070. The Obama administration fiercely challenged the law under the preemption doctrine...

Two Iowa Supreme Court Victories

Prof. Stella Burch Elias writes: "These two great Iowa Supreme Court cases involved a lot of hard work by our clinical colleagues and their students at Iowa Law. In Martinez (the decision holding that part of Iowa's forgery law was preempted on its face and part of Iowa's identity theft...

Kansas Sup. Ct. on IRCA, Preemption, Identity Theft (Sept. 8, 2017)

Kansas v. Morales Kansas v. Ochoa-Lara Kansas v. Garcia In all three: "Defendant's prosecution for identity theft for using another person's Social Security number to obtain employment is expressly preempted by the federal Immigration Reform and Control Act of 1986."

Colorado Supreme Court on Preemption, Smuggling: Fuentes-Espinoza v. People

Fuentes-Espinoza v. People, Oct. 10, 2017 - "This case requires the supreme court to determine whether Colorado’s human smuggling statute, section 18-13-128, C.R.S. (2017), is preempted by the federal Immigration and Nationality Act, 8 U.S.C. §§ 1101–1537 (2017) (“INA”...