USA v. State of Arizona, et al, No. 10-16645 (9th Cir. 2011)
Annotate this CaseThe United States sued the State of Arizona in federal district court alleging that S.B. 1070, which established a variety of immigration-related state offenses and defined the immigration-enforcement authority of Arizona's state and local law enforcement officers, violated the Supremacy Clause on the grounds that it was preempted by the Immigration and Nationality Act ("INA") and that it violated the Commerce Clause. At issue was whether the district court's grant of the United State's motion for a preliminary injunction in part, enjoining S.B. 1070 sections 2(B), 3, 5(C), and 6, was an abuse of discretion. The court held that the United States had met its burden of showing that there was likely no set of circumstances under which S.B. 1070 sections 2(B), 3, 5(C), and 6 would be valid and that they were likely to succeed on the merits of their challenge. The court also held that the district court did not abuse its discretion by enjoining S.B. 1070 sections 2(B), 3, 5(C), and 6 where the United States demonstrated that it faced irreparable harm and that granting the preliminary injunction properly balanced the equities and was in the public interest.
The court issued a subsequent related opinion or order on August 8, 2012.
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