Federal versus Arizona Immigration Laws

Immigration, for the most part, is regulated at the federal level due to the Immigration and Nationality Act of 1952. The Immigration Reform and Control Act in 1986 helped reduce illegal immigration and denied welfare to those who are undocumented and residing in the United States.

While the United States Congress has control over all immigration regulations, the President enforces those laws. Furthermore, states can enact laws regarding immigration, as well. With so many governmental branches involved in immigration laws and the enforcement of those laws, it becomes complicated for those who wish to seek asylum or even fight a deportation.

Immigration Assessed at the State Level

States still must adhere to the federal laws regarding immigration, and the Arizona SB 1070 law was cited by the United States Justice Department as a cross of the constitutional line.

However, police directives are still allowed on the state level, which is why police officers can verify immigration status after arresting a suspect. Aside from Arizona, other states have deployed laws with similar directives, including Utah and Oklahoma.

Many states require the use of E-Verify, which verifies a person’s immigration status as part of their employment eligibility. States also require identification for a person to vote, and public benefits are restricted based on residency status.

Attorneys Can Challenge Immigration Laws at the State Level

State laws regarding immigration are often challenged because of the belief the law violates the rights and civil liberties of those seeking asylum. Further, the laws sometimes discriminate against groups protected by the federal government.

Multiple lawsuits have already been filed over issues of checking immigrations status — oftentimes, these police directives promote racial profiling. Also, some have argued against checking immigration status for voting, stating that it is a violation of the Voting Rights Act of 1965.

An attorney from Udall Shumway, PLC can assist you with your immigration case on the state and federal level. Because there are multiple authorities involved in your immigration case, it is important that you have an attorney who understands applicable case law based on federal and state-level arguments.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Arizona Immigration Laws, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full-service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.