法律英语：99 The Arizona Immigration Law

by Adam Freedman

Today’s topic: Is the Arizona immigration law constitutional.
And now, your daily dose of legalese: This article does not create an attorney-client relationship with any reader. In other words, although I am a lawyer, I’m not your lawyer. In fact, we barely know each other. If you need personalized legal advice, contact an attorney in your community.
Is the Arizona Immigration Law Constitutional?
Give me your tired, your poor, your huddled¹ masses yearning² to be . . . wait a minute--not so fast. The subject of immigration stirs up intense emotions, especially along the border. In April, Arizona’s governor sparked a nationwide debate when she signed a law (SB 1070) designed to crackdown on illegal immigration. Supporters of the law say it is a necessary measure to combat the flow of undocumented aliens.
Did Arizona Push Its Law Over the Borderline?
But the law has come in for harsh criticism among civil libertarians and immigration activists³. The Obama administration is investigating the legality of the law, various artists have announced a boycott⁴ of Arizona, and Arizona Iced Tea has even posted a message on its website clarifying that the company is actually headquartered in New York!   Wow. Is the Arizona immigration law really that bad?
The quick and dirty answer is that the law itself does not create any new immigration standards beyond what already exist in federal law. However, a court may find that Arizona’s enforcement of the law interferes⁵ with federal supremacy⁶ over immigration law.
The podcast edition of this tip was sponsored by Go To Meeting. Save time and money by hosting your meetings online. Visit GoToMeeting.com/podcast and sign up for a free 45 day trial of their web conferencing solution.
 
Back to the issue.
What Does the Arizona Immigration Law Say?
First, a quick summary of the Arizona immigration law. The law prohibits harboring or employing “unauthorized aliens,” that is, persons with no right under federal law, to reside in the U.S. It also requires police officers to verify the immigration status of people they stop for traffic violations⁷ or other infractions, if they have “reasonable suspicion” to believe that the person might be in the U.S. illegally. If it appears that the person is an unauthorized alien, then the state or local police must transfer the person to the federal Immigration and Customs Enforcement agency (or “ICE”--that’s the entity⁸ that used to be known as the INS).
The Law Requires “Reasonable Suspicion” to Question an Immigrant
Some critics argue that the law encourages racial profiling or unreasonable⁹ searches and seizures¹⁰. It is unlikely, however, that the law will be struck down on this basis. SB 1070 authorizes¹¹ police to check a person’s immigration status only if the officer has “reasonable suspicion” that the person is undocumented. “Reasonable suspicion” is a well-established legal standard for conducting certain searches. For example, as I explained in an earlier article, Are Strip Searches in School Legal?, school officials can search students based on “reasonable suspicion.”
The Arizona Law and Racial Profiling
In addition, the Arizona law states that police may not consider “race, color, or national origin” in deciding whom to question. And the law does not attempt to overturn any of the existing constitutional protections against racial profiling. It is, of course, possible that a police officer may violate a suspect’s rights while enforcing this law; however, the text of the law attempts to prevent such violations.
Why the Arizona Law Might be Unconstitutional
But the Arizona law might run into trouble for violating a different constitutional principle, known as “pre-emption.”  Under this doctrine¹², certain issues are reserved exclusively for federal regulation. If you’ve ever wondered why, for example, Michigan can’t mount an invasion of Canada, or why Delaware can’t slap a tariff¹³ on Chinese goods, it’s because federal law pre-empts all state action in the area of foreign relations and international trade.
Immigration is another one of those issues subject to complete federal control. The Constitution empowers Congress to establish a “uniform Rule of Naturalization,” and the Supreme¹⁴ Court has expressly upheld federal supremacy in this area since the late nineteenth century. What makes the Arizona law interesting is that it attempts to get around this by incorporating federal immigration law. Basically, the law simply adds certain measures of state enforcement to what the feds are already doing.
The Supreme Court has Allowed Some State Laws on Immigration
In 1976, the Supreme Court (DeCanas v. Bica) upheld a California law prohibiting businesses from knowingly employing unauthorized aliens. The Court held that states can regulate illegal immigrants in a manner consistent with federal law, provided they are trying to protect a vital state interest. In the case of Arizona, the law’s proponents¹⁵ say that Arizona has a vital interest in fighting human smuggling¹⁶ and kidnapping along the border.
Is the Arizona Law “Harmonious¹⁷” with Federal Law?
But opponents of SB 1070 contend that the law is not truly harmonious with federal regulation. For example, the law arguably undermines federal enforcement strategy by alienating¹⁸ Latino organizations that might otherwise cooperate with federal officials. There’s also the risk that Arizona officials might interpret federal immigration law differently from the federal ICE officials.
Though these appear to be potential outcomes, a court may find that they are not obvious from the text of the law. In which case, SB1070 might survive an initial court challenge. But don’t be surprised if the law comes back to court after it’s been in operation for a year or two.
Thank you for reading Legal Lad’s Quick and Dirty Tips for a More Lawful¹⁹ Life. Thanks again to our sponsor this week, Go To Meeting. Visit Go To Meeting.com/podcast and sign up for a free 45 day trial of their online conferencing service. That’s Go To Meeting.com/podcast for a free 45 day trial.
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1 huddled   

挤在一起（huddle的过去式与过去分词形式）

参考例句：

• We huddled together for warmth. 我们挤在一块取暖。
• We huddled together to keep warm. 我们挤在一起来保暖。

2 yearning   

a.渴望的；向往的；怀念的

参考例句：

• a yearning for a quiet life 对宁静生活的向往
• He felt a great yearning after his old job. 他对过去的工作有一种强烈的渴想。

3 activists   

n.（政治活动的）积极分子，活动家( activist的名词复数 )

参考例句：

• His research work was attacked by animal rights activists . 他的研究受到了动物权益维护者的抨击。
• Party activists with lower middle class pedigrees are numerous. 党的激进分子中有很多出身于中产阶级下层。 来自《简明英汉词典》

4 boycott   

n./v.(联合)抵制，拒绝参与

参考例句：

• We put the production under a boycott.我们联合抵制该商品。
• The boycott lasts a year until the Victoria board permitsreturn.这个抗争持续了一年直到维多利亚教育局妥协为止。

5 interferes   

vi. 妨碍，冲突，干涉

参考例句：

• The noise interferes with my work. 这噪音妨碍我的工作。
• That interferes with my plan. 那干扰了我的计划。

6 supremacy   

n.至上；至高权力

参考例句：

• No one could challenge her supremacy in gymnastics.她是最优秀的体操运动员，无人能胜过她。
• Theoretically,she holds supremacy as the head of the state.从理论上说，她作为国家的最高元首拥有至高无上的权力。

7 violations   

违反( violation的名词复数 )； 冒犯； 违反（行为、事例）； 强奸

参考例句：

• This is one of the commonest traffic violations. 这是常见的违反交通规则之例。
• These violations of the code must cease forthwith. 这些违犯法规的行为必须立即停止。

8 entity   

n.实体，独立存在体，实际存在物

参考例句：

• The country is no longer one political entity.这个国家不再是一个统一的政治实体了。
• As a separate legal entity,the corporation must pay taxes.作为一个独立的法律实体，公司必须纳税。

9 unreasonable   

adj.不讲道理的，不合情理的，过度的

参考例句：

• I know that they made the most unreasonable demands on you.我知道他们对你提出了最不合理的要求。
• They spend an unreasonable amount of money on clothes.他们花在衣服上的钱太多了。

10 seizures   

n.起获( seizure的名词复数 )；没收；充公；起获的赃物

参考例句：

• Seizures of illicit drugs have increased by 30% this year. 今年违禁药品的扣押增长了30%。 来自《简明英汉词典》
• Other causes of unconsciousness predisposing to aspiration lung abscess are convulsive seizures. 造成吸入性肺脓肿昏迷的其他原因，有惊厥发作。 来自辞典例句

11 authorizes   

授权，批准，委托( authorize的名词复数 )

参考例句：

• The dictionary authorizes the two spellings 'traveler' and 'traveller'. 字典裁定traveler和traveller两种拼法都对。
• The dictionary authorizes the two spellings "honor" and "honour.". 字典裁定 honor 及 honour 两种拼法均可。

12 doctrine   

n.教义；主义；学说

参考例句：

• He was impelled to proclaim his doctrine.他不得不宣扬他的教义。
• The council met to consider changes to doctrine.宗教议会开会考虑更改教义。

13 tariff   

n.关税，税率；(旅馆、饭店等)价目表，收费表

参考例句：

• There is a very high tariff on jewelry.宝石类的关税率很高。
• The government is going to lower the tariff on importing cars.政府打算降低进口汽车的关税。

14 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

15 proponents   

n.（某事业、理论等的）支持者，拥护者( proponent的名词复数 )

参考例句：

• Reviewing courts were among the most active proponents of hybrid rulemaking procedures. 复审法院是最积极的混合型规则制定程序的建议者。 来自英汉非文学 - 行政法
• Proponents of such opinions were arrested as 'traitors. ' 提倡这种主张的人马上作为“卖国贼”逮捕起来。 来自辞典例句

16 smuggling   

n.走私

参考例句：

• Some claimed that the docker's union fronted for the smuggling ring.某些人声称码头工人工会是走私集团的掩护所。
• The evidence pointed to the existence of an international smuggling network.证据表明很可能有一个国际走私网络存在。

17 harmonious   

adj.和睦的，调和的，和谐的，协调的

参考例句：

• Their harmonious relationship resulted in part from their similar goals.他们关系融洽的部分原因是他们有着相似的目标。
• The room was painted in harmonious colors.房间油漆得色彩调和。

18 alienating   

v.使疏远( alienate的现在分词 )；使不友好；转让；让渡（财产等）

参考例句：

• The phenomena of alienation are widespread. Sports are also alienating. 异化现象普遍存在，体育运动也不例外。 来自互联网
• How can you appeal to them without alienating the mainstream crowd? 你是怎么在不疏忽主流玩家的情况下吸引住他们呢？ 来自互联网

19 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。