Supreme Court Says Federal Immigration Law Trumps Arizona Law, But Upholds Narrow Application of "Papers Please" Provision

In Arizona v. United States, the Supreme Court invalidated much of SB 1070, the controversial Arizona state law. However, the Court upheld a new identification requirement though cautioned that it could be subject to preemption and constitutional challenges after it goes into effect. The provision allows state officers to make a "reasonable attempt" to determine immigration status during the course of "an authorized, lawful detention." Justice Kennedy, writing for the Court, cautioned that the provision might "raise constitutional concerns" as applied, but said that the law "could be read to avoid these concerns." EPIC argued in Hiibel v. Sixth Judicial District Court of Nevada that "stop and identify" statutes are unconstitutional. The Supreme Court upheld the state law in that case in a 5-4 opinion by Justice Kennedy. For more information, see: EPIC: Hiibel v. Sixth Judicial District Court of Nevada and EPIC: Your Papers, Please.

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