The following includes a legal breakdown of how SB1070 is not lawful.
How Does SB1070 Conflict with Federal Immigration Law?
By Michael Bryan
In the last post I discussed the general concept of preemption in the DOJ suit to enjoin the enforcement of SB1070 and how SB1070 falls afoul of field preemption. In this post I will discuss the various specific ways the Feds’ brief claims that SB1070 conflicts with federal law and is therefore preempted.
Conflict preemption means that a state law directly conflicts with federal law by making compliance with both impossible, or by frustrating the purpose of the federal law.
The Feds suit alleges several specific provisions of SB1070 conflict with federal law:
- Criminalizes the mere presence of undocumented aliens in the state against the express policy of Congress.
- Impermissibly supplements federal criminal sanctions for registration violations
- Usurps the exclusive federal role in making removal determinations
- The alien smuggling provisions directly conflict with federal provisions
- The work sanctions provisions violate express policy choices by Congress.
- The mandatory verification procedures will detract from federal priorities for those resources
Lets take each in turn.