By Kim Tremblay, Associate Attorney
On June 25, 2012, the United States Supreme Court issued its decision in Arizona et al. v. United States, dealing with Arizona’s controversial immigration bill, S.B. 1070. The Court held that sections 3, 5(C), and 6 of S.B. 1070 were preempted by federal immigration law and could not stand. This signifies that because the federal government has the power to regulate foreign affairs and immigration, the states cannot legislate in these areas. The three sections struck down respectively required state level penalties related to alien registration, criminal penalties for undocumented immigrants who are employed, and warrantless arrest of suspected deportable or undocumented immigrants.
The court did uphold section 2(B) of S.B. 1070. That section requires police officers to check the immigration status of suspected undocumented immigrants. The court did leave open the possibility of legal challenges to this section of the law if it is carried out unconstitutionally. For example, if a practice emerges of officers considering race, color, or national origin in a way not permitted by the United States Constitution, challenges will likely be brought.
The Supreme Court decision may have a cooling effect on enacting immigration legislation in other states. In 2012 alone, over 800 bills and resolutions related to immigration law were introduced in 45 different states. Lawsuits filed about bills passed in Alabama, Georgia, Indiana, South Carolina, and Utah and being fought in lower courts and are still pending.
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Effective March 25, 2020, in response to “Stay at Home” orders Joseph & Hall PC is closed to the public and is now conducting nearly all of its operations remotely during the COVID-19 health crisis through April 18th.
We continue to have a limited number of staff in our office to perform basic operations such as assembling and filing petitions, receiving and distributing mail and issuing checks. We are grateful to be in a business that is conducive to remote work and for all of your patience and support. Our lawyers and paralegals are here to answer the array of questions that continue to arise daily and will keep you informed during these rapidly changing times. We will hold telephonic or video meetings rather than in-person meetings. These meetings can be done by SKYPE or Zoom Conference call so that you can continue to interact with your legal team, face-to-face.
We remain committed to delivering outstanding client services. We do have one important request – please do not come into the office in person for your health and safety and that of our employees. Please mail or email all documents to our office. Also, you can make any required payments online at https://vpspay.com/p/3 or make them over the phone by calling 303-297-9171 or by mail. Please stay healthy!