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March 27th, 2012
Grijalva Releases SB 1070 Supreme Court Case Amicus Brief at Capitol Hill Press Conference – Document and Signatory List Included

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 Video highlights of today’s press conference will be available at Rep. Grijalva’s YouTube account at 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

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