TSON News | SB1070 conflicts with federal law

SB1070 conflicts with federal law

The following includes a legal breakdown of how SB1070 is not lawful.

How Does SB1070 Conflict with Federal Immigration Law?

By Michael Bryan

Nosb1070In 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:

  1. Criminalizes the mere presence of undocumented aliens in the state against the express policy of Congress.
  2. Impermissibly supplements federal criminal sanctions for registration violations
  3. Usurps the exclusive federal role in making removal determinations
  4. The alien smuggling provisions directly conflict with federal provisions
  5. The work sanctions provisions violate express policy choices by Congress.
  6. The mandatory verification procedures will detract from federal priorities for those resources

Lets take each in turn.

Continue reading the legal analysis by clicking here.


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2 comments on “SB1070 conflicts with federal law
  1. SB1070 is the law!! Of course, illegals and those thereof  will read into it what they want to hear. However, this is not Mexico and the U.S and its citizens actually find living by the law is best for everybody. If you do not not laws, then Mexico is your country as even the Mexican government is corrupt.

  2. SB1070 is not the law.  If you don’t like the laws or the Constitution then become a Republican and change them to your choosing.  This isn’t a Republic, it is White Survival at all costs to other people.  Republicans don’t like to pay taxes but they sure spend the tax dollars we put in.  Arizona and all these other hater states, get more federal money then they put in.  I am sick of paying for their terrorism.

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