Washington, D.C. – Rep. Raúl M. Grijalva today released a “friend of the court” brief in the Supreme Court’s Arizona v. United States case, which will decide the constitutionality of Arizona’s infamous SB 1070 law. The amicus curiae brief, co-signed by 67 of Rep. Grijalva’s House colleagues, argues that the law is unconstitutional because, as courts have held consistently, federal immigration law pre-empts any state-level standards.
The brief is reviewable at http://1.usa.gov/GRBVAD. Video highlights of today’s press conference will be available at Rep. Grijalva’s YouTube account at http://www.youtube.com/user/raulgrijalvaaz07 later today.
On April 11, 2011, the Ninth Circuit upheld a temporary injunction against four provisions of SB 1070 entered by U.S. District Judge Susan Bolton. The Ninth Circuit’s ruling continued to block enforcement of provisions that:
- require officers to make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if they possess “reasonable suspicion” that the person is unlawfully present in the United States, and require the verification of the immigration status of any person arrested prior to releasing that person (Section 2(B));
- criminalize noncitizens’ failure to apply for or carry alien registration papers (Section 3);
- bar unauthorized aliens from soliciting, applying for, or performing work (Section 5(C); and
- authorize the warrantless arrest of noncitizens where there is probable cause to believe the person has committed a public offense that makes the person removable from the United States (Section 6).
Grijalva and his colleagues formally filed the brief with the Supreme Court on March 26. The brief argues, consistent with decades of legal precedent, that SB 1070 undermines the Constitutional requirement for a uniform national immigration law.
“We’re not being asked to choose between the Constitution and an effective state law,” Grijalva said. “We’re being asked to choose between the Constitution and an ineffective, one-sided, intentionally divisive political stunt. Several Arizona law enforcement agencies, and many others around the country, already face credible allegations of wrongful arrests, racial profiling, and discrimination. We don’t need more fuel on that fire, especially in the name of promoting equal justice. Laws like SB 1070 and Alabama’s HB 56 shoulder aside the Constitution and undermine our fundamental American values of liberty and justice for all. The Constitution is quite clear about the federal government’s preeminent role in immigration matters. A fifty-state piecemeal approach to regulating immigration is clearly unconstitutional and not an option. We’re asking for legal consistency and urging Congress to pass the comprehensive reform we’ve needed for years. Anyone who believes each state should invent its own immigration policy should consider whether he or she wants to show a passport on the next visit to the Grand Canyon.”
Signatories include House Democratic Leader Nancy Pelosi, Democratic Whip Steny Hoyer, Congressional Hispanic Caucus Chair Charles Gonzalez (D-TX), Congressional Black Caucus Chair Emanuel Cleaver (D-MO), Congressional Asian Pacific American Caucus Chair Judy Chu (D-CA), Judiciary Committee Ranking Member John Conyers (D-MI), Immigration Subcommittee Ranking Member Zoe Lofgren (D-CA), and noted civil rights leader Rep. John Lewis (D-GA).
The complete list follows:
Congressman Gary Ackerman
Congressman Joe Baca
Congressman Xavier Becerra
Congressman Howard Berman
Congresswoman Donna Christensen
Congresswoman Judy Chu
Congressman Hansen Clarke
Congresswoman Yvette Clarke
Congressman Emanuel Cleaver
Congressman James E. Clyburn
Congressman John Conyers
Congressman Elijah Cummings
Congressman Danny Davis
Congressman Ted Deutch
Congressman Keith Ellison
Congresswoman Anna Eshoo
Congressman Sam Farr
Congressman Chaka Fattah
Congressman Bob Filner
Congressman Al Green
Congressman Gene Green
Congressman Charles Gonzalez
Congressman Raúl Grijalva
Congressman Luis Gutierrez
Congresswoman Janice Hahn
Congressman Maurice Hinchey
Congressman Rubén Hinojosa
Congressman Mike Honda
Congressman Steny Hoyer
Congressman Jesse L. Jackson, Jr.
Congresswoman Sheila Jackson Lee
Congressman Henry C. “Hank” Johnson Jr.
Congressman John Larson
Congresswoman Barbara Lee
Congressman John Lewis
Congresswoman Zoe Lofgren
Congresswoman Carolyn Maloney
Congressman Jim McDermott
Congressman Gregory Meeks
Congressman George Miller
Congresswoman Gwen Moore
Congressman Jim Moran
Congressman Jerrold Nadler
Congresswoman Grace Napolitano
Congresswoman Eleanor Holmes Norton
Congressman Ed Pastor
Congresswoman Nancy Pelosi
Congressman Pedro Pierluisi
Congressman Jared Polis
Congressman Mike Quigley
Congressman Charles Rangel
Congressman Silvestre Reyes
Congresswoman Laura Richardson
Congresswoman Lucille Roybal-Allard
Congressman Bobby Rush
Congresswoman Linda Sánchez
Congresswoman Loretta Sanchez
Congresswoman Janice Schakowsky
Congressman José Serrano
Congresswoman Terri Sewell
Congressman Albio Sires
Congresswoman Louise Slaughter
Congressman Bennie Thompson
Congressman Edolphus Towns
Congressman Chris Van Hollen
Congresswoman Nydia Velázquez
Congresswoman Maxine Waters
Congresswoman Frederica Wilson