Wednesday, July 28, 2010

Federal Court Enjoins Enforcement of Bulk of Controversial Arizona Immigration Law

A federal district court has enjoined enforcement of all of the major portions of a controversial Arizona immigration law, including a provision that authorized police officers to check the immigrant status of individuals suspected of criminal activity. The ruling will not surprise most immigration and constitutional law experts. Supreme Court doctrine gives the federal government wide authority over immigration issues. Conflicting state law is preempted by the Supremacy Clause of the Constitution.

The court ruling, however, only grants a preliminary injunction. This kind of injunction will bar enforcement of portions of the law until the court issues a final ruling on its validity. The issuance of a preliminary injunction, however, means that the government has proven that there is a "likelihood" that it will prevail on the merits of its argument that federal law preempts the Arizona statute.


Hippi Chicki Niki said...

Wow! Not only does this make me happy, it means that, for once, I actually called an issue with the kind of accuracy you usually have all of the time. I can't believe my Supremacy Clause argument to my friends was seriously on target.

Clearly, this young padawan has been learning something from you, Yoda! I actually think that I may be learning more here than from my own Con Law prof. In his defense, 6 years ago there weren't so many interesting con law issues in the public eye unfolding before my eyes.

Darren Lenard Hutchinson said...

Congrats on calling this issue!

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