Arizona Immigration Law In this Essay I will make a case for whether immigration policy is an area better left to the federal government, to individual states, or to both as a part of shared federalism. We will explore these ideas using examples such as Arizona Immigration law, Gonzales v. Raich, Compassionate Use Act and Same sex marriage. “Federalism is a hybrid arrangement that mixes elements of a confederation, in which lower-level governments possess primary authority, and unitary government, in which the national government monopolizes constitutional authority” (Kernell, 85). One could make a case that each state should be allowed to implement their own state laws as long as it stays consistent with Federal laws regulating immigration.
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If you own a gun you must have a license and take a class informing you of each law and regulation pertaining to gun safety and state laws. If you wish to get married in a same sex marriage I personally believe that is your right to privacy and if married legally in one state the marriage should pertain to all. In the instance of Immigration, I believe we need a national guideline for immigration. We need a Federally established system for what is needed to enter the United States. If you are a legal immigrant you should hold some identification similar to how a citizen should legally always carry an ID or state issued license. Other than that each state should be able to establish stricter laws on immigration if they wish as long as it does not infringe on basic human rights. For example, Arizona passed the “S.B 1070, Arizona’s controversial anti-immigrant show me your papers law” (1). As their right “the ACLU and Department of Justice filed lawsuit challenging the law, charging that it is unconstitutional and encourages racial profiling.” (1) “the supreme court upheld SB 1070’s notorious show me your papers provision, deciding it is not preempted by federal law.” (2) because of this the details pertaining to this law were brought to lower Arizona courts to be challenged. Because of this part of Arizona’s law was kept and parts deamed unconstituational were barred. “The sections that were barred from taking effect(pending appeal) were: sections requiring law enforcement officers to determine immigration status during any lawful stop, creating state crimes and penalties for failure to carry federally-issued alien registration documents, making it unlawful for an unauthorized alien to knowingly apply for or perform work in Arizona etc….” as well as lower fines for first time
If you own a gun you must have a license and take a class informing you of each law and regulation pertaining to gun safety and state laws. If you wish to get married in a same sex marriage I personally believe that is your right to privacy and if married legally in one state the marriage should pertain to all. In the instance of Immigration, I believe we need a national guideline for immigration. We need a Federally established system for what is needed to enter the United States. If you are a legal immigrant you should hold some identification similar to how a citizen should legally always carry an ID or state issued license. Other than that each state should be able to establish stricter laws on immigration if they wish as long as it does not infringe on basic human rights. For example, Arizona passed the “S.B 1070, Arizona’s controversial anti-immigrant show me your papers law” (1). As their right “the ACLU and Department of Justice filed lawsuit challenging the law, charging that it is unconstitutional and encourages racial profiling.” (1) “the supreme court upheld SB 1070’s notorious show me your papers provision, deciding it is not preempted by federal law.” (2) because of this the details pertaining to this law were brought to lower Arizona courts to be challenged. Because of this part of Arizona’s law was kept and parts deamed unconstituational were barred. “The sections that were barred from taking effect(pending appeal) were: sections requiring law enforcement officers to determine immigration status during any lawful stop, creating state crimes and penalties for failure to carry federally-issued alien registration documents, making it unlawful for an unauthorized alien to knowingly apply for or perform work in Arizona etc….” as well as lower fines for first time