Arizona Attorney General

Mark Brnovich



Statement By Attorney General Tom Horne

PHOENIX (Thursday, May 26, 2011) -- “The United States Supreme Court decision in the case of Chamber of Commerce v. Whiting is a favorable portent for Arizona’s case in the SB 1070 case. In the Chamber of Commerce case, it was argued that federal law preempts Arizona’s efforts to be sure that employers check the citizenship status of employees. In the SB 1070 case, the federal government argues that the federal law preempts SB 1070, in which Arizona takes action to discourage illegal immigration into its area of jurisdiction. These are similar cases. The fact that the U.S. Supreme Court found no preemption in the Chamber of Commerce case, should be a favorable indication for legal principals that will be applicable when the SB 1070 case reaches the U.S. Supreme Court, even though there may be issues in the SB 1070 case that may not be identical to the issues resolved in the Chamber of Commerce case.

'It is noteworthy that the U.S. Supreme Court, finding no preemption, added that “here Arizona went the extra mile in ensuring that its law closely tracts [the federal law] provisions in all material respects.” The same can be said for challenged portions of SB 1070, where Arizona’s efforts to aid the federal government in combating illegal immigration often would use language identical, or almost identical, to the language in federal statutes.”