Kurzban Kurzban Weinger Tetzeli & Pratt P.A.
Nationwide Firm
786-401-4706
Injury, Immigration and Business Attorneys
Aggressive Advocacy and Exceptional Civil Litigation Success

Can a State Enact a Law to Enforce Federal Immigration Law?

A federal appeals court heard argument today on the controversial Arizona immigration law signed into effect earlier this year. After Arizona placed the law on its books, other states, including Florida have considered similar measures. The law would allow state officials to inquire into a person's status for the purpose of determining the admissibility or removal of a noncitizen under U.S. immigration law.

In July, the day before the Arizona law was to go into effect, a federal judge ruled it unconstitutional. A three judge panel in the 9th Circuit Court of Appeals will now decide whether a state immigration law can be enacted to enforce federal immigration law.

The Arizona measure would have allowed state and local law enforcement to check on the immigration status of people they stop based upon reasonable suspicion. The law also would allow police to detain a person until law enforcement could determine the detainee's immigration status.

The Justice Department claims that the law would interfere with federal immigration enforcement. The federal government also argues that Arizona's strict immigration law is unconstitutional under the Supremacy Clause of the U.S. Constitution.

The appellate panel reportedly had concerns regarding how the law could be constitutionally implemented. The judges asked direct questions regarding the propriety of law enforcement expanding the scope of a stop to include suspicions beyond the original basis of the stop.

The gravest concern of the appellate panel reportedly concerns the authority the law would provide state officials to detain a person after a stop. The law provides state and local law enforcement the authority to detain a person pending an investigation of the person's immigration status.

Judge Richard A. Paez asked the lawyer representing the State of Arizona how long could the detention take? "Twenty -four hours? Forty-eight hours? A week?" Arizona claims federal officials usually respond within 11 minutes.

When the appellate court issues its ruling, whatever that ruling is, the matter is expected to be appealed to the U.S. Supreme Court.

Source: New York Times, "Appeals Court Weighs Arizona Law on Immigrants," Jennifer Medina, 1 Nov 2010

No Comments

Leave a comment
Comment Information
Kurzban's Immigration Law Sourcebook

We Literally Wrote The Book On Immigration Law

Our firm is a recognized leader in immigration law and litigation. We handle the spectrum from family and employment-based visas to deportation defense and immigration appeals. Founding partner Ira Kurzban authored the Immigration Law Sourcebook, widely used by immigration lawyers, judges and government officials as the authoritative field reference.

Aggressive Advocacy and Exceptional Civil Litigation Successes Call Our Firm at 786-401-4706 or Fill Out the Secure Form Below

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

AV - Martindale-Hubbell | Jed Louis Kurzban  - Peer Review Rated For Highest Level of Professional Excellence The Best Lawyers in America Super Lawyers dbr - Verdicts & Settlements - Kurzban Kurzban Weinger Tetzeli & Pratt P.A. immigrants' list Listed in Best Lawyers - The World's Premier Guide Lead Counsel | LC | Rated

Miami Office
2650 SW 27th Avenue
2nd Floor
Miami, FL 33133

Phone: 786-401-4706
Fax: 305-444-3503
Miami Law Office Map

Jacksonville Office
10752 Deerwood Park Boulevard South
Suite 100
Jacksonville, FL 32256

Map & Directions

Jed Kurzban Of Counsel at Damon Key Leong Kupchak Hastert, A Law Corporation
1003 Bishop Street
Suite 1600
Pauahi Tower
Honolulu, HI 96813
Phone: 808-531-8031
http://www.hawaiilawyer.com

Kurzban Kurzban Weinger Tetzeli & Pratt P.A.