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On The Precipice Of Uniformity And Decentralization: Immigration Enforcement Issues And The Skirmish Of United States V. Arizona., Brian R. Loss
On The Precipice Of Uniformity And Decentralization: Immigration Enforcement Issues And The Skirmish Of United States V. Arizona., Brian R. Loss
Brian R Loss
This note argues that the conflict preemption analysis of Section 2(b) (which codifies the mandatory police practices) is not an adequate barrier to prohibiting Arizona’s and similar discriminatory state police practices. The district court, when considering Section 2(b), applied a flawed preemption analysis, making it unclear how SB 1070 will fare in future decisions. The preemption holding in United States v. Arizona has a major flaw, which led to two failings in the analysis. This was the reading of the second sentence of Section 2(b) which was read against the entire policy of SB 1070, an anti illegal immigration bill …