S.B. 1070 Lawsuits
Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
A number of lawsuits were filed after the passage of Arizona's controversial immigration law, S.B. 1070.
Most of the arguments focus on whether immigration enforcement is solely the job of the federal government and courts, or whether state law enforcement has jurisdiction in limited circumstances. Additional challenges claim the law is discriminatory in nature and can lead to racial profiling.
S.B. 1070 at a Glance
In 2010, Arizona Governor Jan Brewer signed into law what was at the time the toughest state immigration bill in the country. The law, much of which was struck down in 2012 by the U.S. Supreme Court, requires immigrants to carry proof of their legal residence. The surviving provision, which remains controversial, requires anyone stopped by police to prove their legal residency status if the officer has "reasonable suspicion" that they are here illegally. Lack of proper identification is charged as a misdemeanor.
Questions regarding what constitutes "reasonable suspicion" brought up questions about profiling. But since this was upheld by the Court, other states have passed similar and in some cases tougher laws.
Below you will find links to a number of lawsuits challenging the validity of S.B. 1070. See State Immigration Laws for additional information.
Legal Challenges to S.B. 1070
Follow the links for summaries of the lawsuits and full text of the legal complaints.
- Salgado v. Brewer: A Cop's Lawsuit Against Arizona's New Immigration Law - An Arizona police officer filed a lawsuit arguing that the Arizona law conflicts with federal law and is unconstitutional. He said it requires him to violate the constitutional rights of immigrants and U.S. citizens.
- Department of Justice Arizona Immigration Lawsuit - This lawsuit, filed by the Department of Justice and currently being decided by the Supreme Court, challenges Arizona's immigration law as conflicting with and trumped by federal immigration law.
- Arizona Immigration Lawsuit: Court Blocks Portion of Arizona's Immigration Law - A federal judge in Arizona blocked the most controversial portion of Arizona's new immigration law from going into effect until after the conclusion of a lawsuit by the federal government challenging the law.
Can I Solve This on My Own or Do I Need an Attorney?
- Some people can get a green card or complete immigration forms without hiring legal help
- Complex immigration cases (such as having a criminal history or past immigration violations) may need the support of an attorney
The immigration process can be complicated and slow. An attorney can offer tailored advice and help prevent common mistakes.
Stay up-to-date with how the law affects your life
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.