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North Carolina, USA

Constitutional Interpretation Brief – Arizona SB 1070

Statement of the Facts

The United States currently faces a tremendous burden regarding the constant flow of illegal immigrants across its borders.  The gridlock that remains in the polity of Washington, DC over the immigration issue, combined with the increasing rates of crime, border killings, gang violence and drug cartel skirmishes is forcing Border States to begin seeking alternative local solutions.

According to Joseph Kanefield, General Counsel for the Office of the Governor of Arizona:

The federal government has failed to secure Arizona’s border.  It is estimated that 50% of illegal aliens enter the United States through Arizona. Criminal aliens are estimated by the Arizona Department of Corrections to constitute 17% of the Arizona prison population.  Illegal immigration costs Arizona an estimated $2 billion per year.[1]

In the interest of protecting their public citizenry, Border States such as Arizona have decided to take matters into their own hands.  Arizona State legislature passed Senate Bill 1070 (A.R.S. § 11-1051 (B)), also known as the Support Our Law Enforcement and Safe Neighborhoods Act.  The recent passage of this law is a direct response to the lack of enforcement by the federal government of current immigration laws and border security.  Where the government has failed, the states must insert themselves to assist and cooperate where possible.  Doing so does not preempt federal law.

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