Constitutionality of the Arizona immigration law
By now you may have heard of the sb1070 law titled “Support Our Law Enforcement and Safe Neighborhoods Act,” an act that was approved on Monday, April 19, 2010 by the Arizona Legislature. And then signed into Arizona law on Friday, April 23, 2010 It is an immigration law that makes it a crime under state law to be in the country illegally. This immigration bill among other things gave police the authority to check on the immigration status of anyone suspected of being in the United States illegally. Opponents of the Arizona immigration law are looking to declare this law unconstitutional. There are several challenges faced when speaking of the constitutionality of the sb1070 law.
The Fourth Amendment of the U.S. Constitution protects against unreasonable searches and seizures. This amendment requires that any warrant must be done with a purpose or reason. The law specifically states that law enforcement officers cannot stop an individual because of suspicion of unlawful activity, or because of national origin, race, or color. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (Fourth amendment) The new Arizona immigration law reduces the chance of race-based harassment by forcing police officers to contact federal agencies as soon as it is reasonable when the law enforcement officer suspects an individual is an illegal alien, other than just allowing an officer to make arrests based on his or her own judgment. Another conflict that this law may face is the invalidation of a state law conflicting with federal law. If any federal law directly conflicts with the...
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