The Supreme Court and State Immigration Laws

2011 saw more states pass restrictive immigration laws and, consequently, more lawsuits filed in federal court challenging them as unconstitutional. And this year, the Supreme Court considers the legality of Arizona’s controversial SB 1070, which sits at the heart of the conflict between the federal government’s asserted exclusive power over immigration and states seeking to legislate in the arena. This panel discussed the oral argument in Arizona v. United States and explored what is at stake: Can states fill what they perceive as a void in federal policy by enacting their own statutes directed at controlling undocumented immigration? What are the consequences of the Supreme Court’s upholding or striking down SB 1070?