First Amendment Implications Of Arizona Immigration Law

From the Heritage Foundation:


The Constitution/Civil Liberties

First Amendment Implications of Arizona Immigration Law

by Calli Bailey

Washington Legal Foundation

December 16, 2010

Arizona Senate Bill 1070, the “Support Our Law Enforcement and Safe Neighborhoods Act,” moved immigration law to the forefront of national debate. Soon after the bill passed in April, the U.S. government and civil liberties groups filed legal challenges focused mostly on federal preemption grounds. On July 28, Judge Susan Bolton ruled that federal law preempts parts of the Arizona law. But the struggle between federal control and state and local involvement in immigration enforcement is not the only legal issue surrounding Arizona’s renewed effort to crack down on illegal immigration within its borders. One overlooked issue, which only the American Civil Liberties Union raised in court and which the District Court referenced only briefly, is the law’s First Amendment implications.



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