Supreme Court Holds Arizona Immigration Law Provisions Preempted

The Supreme Court has issued its decision in Arizona v. United States. The Court invalidated three sections of SB 1070 (Sections 3, 5 (C), and 6) holding that they are preempted by Federal Law. The Court found it could not determine if Section 2(B), which requires police to check the immigration status of individuals detained, was preempted as it had not been yet been construed by the Arizona state courts.

The majority opinion was written by Justice Kennedy, joined by Chief Justice Roberts, and Justices Ginsburg, Breyer, and Sotomayor. Former Solicitor General, Justice Kagan, did not participate in the decision.

Scotus Blog is a excellent resource for detailed analysis of this decision.

Protest Against Secure Communities

If you were at GMULS at about 6:00pm tonight, you already know that a group of protesters marched in the plaza outside the building.  The group was voicing their opposition to”Secure Communities” (also known as S-Comm). A public meeting on this program was being held in Founders Hall.

Under the Secure Communities program, individuals arrested and jailed for state crimes have their finger prints forwarded to not only the FBI, but also the Division of Homeland Security, U.S. Immigration and Customs Enforcement (ICE).  ICE uses the fingerprints to check for individuals subject to deportation.  Controversy has arisen over the numbers of individuals impacted who have been charged but not convicted of crimes or who have committed relatively minor offenses.

Where can you find information about this and other issues related to Immigration Law?  Checking the official U.S. Government Website (find ICE here) is always a good place to begin.  The law library also has a research guide on Homeland Security, available here.  Members of the GMU community may also access news sources using Proquest.  Attorney organizations that may offer additional useful resources or perspectives include:  the ABA Commission on Immigration Policy and the American Immigration Lawyers Association.