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In 2010, Arizona passed a law called The Support Our Law Enforcement and Safe Neighborhoods Act, which was designate Arizona Senate Bill 1070, or simply SB 1070.
SB 1070 section 1 describes the intent of the law with this language: The legislature finds that there is a compelling interest in the cooperative enforcement of federal immigration laws throughout all of Arizona. The legislature declares that the intent of this act is to make attrition through enforcement the public policy of all state and local government agencies in Arizona. The provisions of this act are intended to work together to discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States.
This law received both national and international attention and has spurred considerable controversy.
The U.S. federal law requires all aliens over the age of 14 who remain in the United States for longer than 30 days to register with the U.S. government, and to have registration documents in their possession at all times. The Arizona Act additionally makes it a state misdemeanor crime for an alien to be in Arizona without carrying the required documents, requires that state law enforcement officers attempt to determine an individual's immigration status during a "lawful stop, detention or arrest" when there is reasonable suspicion that the individual is an illegal immigrant, bars state or local officials or agencies from restricting enforcement of federal immigration laws, and cracks down on those sheltering, hiring and transporting illegal aliens. The paragraph on intent in the legislation says it embodies an "attrition through enforcement" doctrine.
The Act was signed into law by Governor Jan Brewer on April 23, 2010. The day before the law was to take effect, a federal judge issued a preliminary injunction that blocked the law's most controversial provisions.
That injunction was supported by the Ninth Circuit court. Arizona is appealing to the Supreme Court to overturn that decision.
Attorney Paul Clement will be making the argument on behalf of Arizona in Chapter 2, and Solicitor General Donald Verilli will argue the case on behalf of the federal government in Chapter 3 of this audiobook. Mr. Clement will then have 5 minutes in rebutall presented in Chapter 4.
Eight members of the Supreme Court heard the arguments. Justice Kagan was not present for the argument and will not cast a vote, due to her role at the beginning of the case in her previous role of Solicitor General.
Both attorneys received signficant questions from seven members of the court. As is his custom, Justice Thomas refrained from asking questions in the court.