SB 1070 at the Supreme Court: What's at Stake

SB 1070 is Arizona's controversial anti-immigrant law

The Supreme Court has upheld SB 1070's notorious "show me yours papers" provision, deciding that it is not preempted by federal law. This provision has been blocked by lower courts in Arizona and other copycat states until now. Discriminatory laws like SB 1070 invite racial profiling of Latinos and others who may look or sound "foreign," including many U.S. citizens who have lived in American their entire lives.

SB 1070: 4 Main Provisions Considered Before the Supreme Court

  1. Police demand "papers" and investigate immigration status if they suspect a person is undocumented.
  2. Police arrest individuals without a warrant if they believe they are a deportable immigrant.
  3. Immigrants who fail to carry federal registration papers are guilty of state crime.
  4. Immigrants who seek or accept work without authorization are guilty of state crime

The Supreme Court's decision

For Arizona:

  • Provision 1 was upheld
  • Provision 2 was struck down
  • Provision 3 was struck down
  • Provision 4 was struck down

Federal courts have blocked major provisions in Alabama, Georgia, Indiana, South Carolina, and Utah. Legal challenges to SB 1070 and the five copycats continue on other constitution grounds

In Alabama, the 11th Circuit Court of Appeals kept provision 1 in effect, blocked provision 3, and struck down provision 4. Provision 2 is not applicable.

In Georgia, the 11th Circuit Court of Appeals upheld provision 1 and upheld provision 2. Provision 3 and Provision 4 are not applicable.

In Indiana, the Indiana federal district court blocked provision 2. Provision 1, Provision 3 and Provision 4 are not applicable.

In South Carolina, the 4th Circuit Court of Appeals blocked Provision 1 and blocked Provision 3. Provision 2 and Provision 4 are not applicable.

In Utah, the 4th Circuit Court of Appeals blocked Provision 1 and blocked Provision 2. Provision 3 and Provision 4 are not applicable.

Most states reject Arizona's approach.

After observing the widespread harms caused by these laws, legislators in many states are distancing themselves from this discriminatory model.

Not one state passed an Arizona copycat law in 2012.

Provisions similar to those considered by the Supreme Court are also in Alabama, Georgia, Indiana, South Carolina and Utah's laws.

Arizona copycats considered or passed 2010-2012.

States that enacted copycat law: Alabama, Georgia, Indiana, South Carolina, Utah

States where copycat bill considered, but not passed: Maine, New Hampshire, Pennsylvania, West Virginia, Virginia, North Carolina, Florida, Kentucky, Tennessee, Mississippi, Louisiana, Texas, Oklahoma, Missouri, Indiana Illinois, Michigan, Wisconsin, Minnesota, South Dakota, Nebraska, Kansas, Colorado

States where no copycat bill was introduced: Vermont, Massachusetts, New York, Rhode Island Connecticut, New Jersey, Delaware, Maryland, Ohio, Arkansas, Iowa, North Dakota, New Mexico, Montana, Wyoming, Idaho, Washington, Oregon, California

Note: Some states such as Virginia have enacted restrictive laws prior to 2010, serving as precursors to Arizona's approach.

For more information: www.aclu.org/SB1070

Please share: www.aclu.org/SB1070-graphic

Follow:
Facebook: facebook.com/aclu.nationwide
Twitter: twitter.com/aclu