The Constitution of the United States vests the subject matter of immigration
But the panel seemed inclined to support other aspects of the
second government’s case against the tough new law, including the claim that it is unconstitutional for Arizona to try to impose state criminal penalties for foreigners not carrying immigration papers. The judges also indicated that an appellate precedent may make it impossible for Arizona to declare it a state crime for illegal immigrants to solicit work.
At issue is a lower court ruling which suspended part of the politically sensitive law, known as SB-1070, while letting other parts of it go forward.
Arguing on behalf of the administration, Deputy Solicitor General Edwin Kneedler opened the hearing by contending that the law was Arizona’s attempt at an end run around the federal government. “The Constitution of the United States vests the subject matter of immigration in the national government,” he said.
