Supreme Court to Decide Whether to Hear SB 1070 Harboring Preemption Challenge


April 18, 2014

On Monday, April 21, 2014, the Supreme Court will decide whether to grant certiorari in a challenge to SB 1070’s prohibition on harboring illegal aliens, a provision of SB 1070. That provision, found preempted by the Ninth Circuit, merely restates federal law to make it a crime in Arizona to harbor an illegal alien. IRLI filed an Amicus Brief supporting certiorari. IRLI argued that the decision conflicted with Supreme Court decisions and that of other circuits. IRLI also argued that the case presents an opportunity for the Supreme Court to finally fashion a definition for the crime of harboring an illegal alien. Circuits have been split on that issue for decades.

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