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Orange County Bar Association

Arizona Illegal Immigration Law Faces Lawsuit

Law Offices of William W. Bruzzo

The U.S. Justice Department will be filing a lawsuit questioning the constitutionality of the controversial Arizona bill that targets illegal immigrants. This lawsuit will set the stage for a federal government vs. state government conflict. The federal government will most likely seek an injunction delaying implementation of the Arizona law since it sees the state law as usurping federal authority, specifically; the Supremacy Clause of the Constitution which says federal law overrides state law. Arizona has employed a stricter version of the already existing federal law which says it is illegal for someone to be in the country illegally. Arizona goes as far as to allow officers to question a person’s immigration status if there is a reasonable suspicion that they are in the country illegally while enforcing other laws. Arizona passed their law after years of allegedly dealing with problems associated with illegal immigration. Arizona is the biggest entryway into the U.S. for illegal immigrants, and is home to an estimated 460,000 illegal immigrants.

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