Case Summary
Issue:
Whether the State of Arizona may act to protect its citizens and its economy by assisting the United States in enforcing federal immigration law?
Plaintiff:
United States of America
Defendant:
State of Arizona and Janice K. Brewer, Governor of the State of Arizona in her official capacity
Amicus Curiae:
Mountain States Legal Foundation
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Case History
On April 23, 2010, Arizona Governor Janice K. Brewer signed Arizona S.B. 1070 into law. Arizona House Bill 2162 made additional changes to S.B. 1070 and was signed by Governor Brewer on April 30, 2010. The intent of S.B. 1070 is, through “cooperative enforcement of federal immigration laws” “to make attrition through enforcement the public policy of all state and local government agencies in Arizona” and “to discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States.”
After passage of S.B. 1070, seven lawsuits were filed challenging its constitutionality. The lawsuit filed on July 6, 2010, by the United States sought a declaration that some provisions of S.B. 1070 are unconstitutional because they are preempted by federal law. Concurrently, the United States filed a motion for preliminary injunction seeking to enjoin those provisions until the district court issues a final decision on the merits.
On July 28, 2010, the district court granted the United States’ motion, in part, and preliminarily enjoined certain provisions of S.B. 1070. On July 29, Arizona and Governor Brewer appealed to the Ninth Circuit. On July 30, the Ninth Circuit denied Arizona and Governor Brewer’s motion for expedited briefing and placed the case on its November 2010 calendar. After the Ninth Circuit rules, the case will return to Arizona federal district court.
On August 26, 2010, the State of Arizona filed its opening brief. On September 2, 2010, MSLF filed its brief. On September 23, 2010, the United States filed its answer brief. Oral arguments were held on November 1, 2010.
On April 11, 2011, a Ninth Circuit panel (2-1) affirmed the district court, over a strong dessent. On August 10, 2011, Arizona filed its petition for writ of certiorari with the Supreme Court. On September 12, 2011, MSLF filed a brief in support of the petition. On December 12, 2012, the Supreme Court granted Arizona’s petition and on February 9, 2012, MSLF filed its brief in support of Arizona.
