"The lawsuit charges that the Arizona law unlawfully interferes with federal power and authority over immigration matters in violation of the Supremacy Clause of the U.S. Constitution; invites racial profiling against people of color by law enforcement in violation of the equal protection guarantee and prohibition on unreasonable seizures under the 14th and Fourth Amendments; and infringes on the free speech rights of day laborers and others in Arizona." http://www.aclu.org/immigrants-rights-racial-justice/friendly-house-et-al-v-whiting-et-al
The US Department of Justice has also filed a suit. Here is the overview:
"S.B. 1070 unconstitutionally interferes with the federal government’s authority to set and enforce immigration policy, explaining that “the Constitution and federal law do not permit the development of a patchwork of state and local immigration policies throughout the country.” A patchwork of state and local policies would seriously disrupt federal immigration enforcement. Having enacted its own immigration policy that conflicts with federal immigration law, Arizona “crossed a constitutional line.”
The Department’s brief said that S.B. 1070 will place significant burdens on federal agencies, diverting their resources away from high-priority targets, such as aliens implicated in terrorism, drug smuggling, and gang activity, and those with criminal records. The law’s mandates on Arizona law enforcement will also result in the harassment and detention of foreign visitors and legal immigrants, as well as U.S. citizens, who cannot readily prove their lawful status." http://www.justice.gov/opa/pr/2010/July/10-opa-776.html
Here is what is happening right now (March 2011):
"The district court granted a preliminary injunction that prohibits enforcement of the following key provisions of the Arizona law pending a final decision on their constitutionality:
- The requirement that police officers investigate the immigration status of all individuals they stop if the officers suspect that they are in the country unlawfully;
- The mandatory detention of individuals who are arrested, even for minor offenses that would normally result in a ticket, if they cannot verify that they are authorized to be in the U.S.;
- State criminal penalties for non-citizens failing to register or failing to carry registration documents;
- The provision authorizing warrantless arrest of individuals who are deemed by state or local police officers to be "removable" from the U.S.; and
- State criminal penalties for alleged unauthorized workers." http://www.aclu.org/immigrants-rights-racial-justice/frequently-asked-questions-update-legal-challenges-arizonas-racial-
But, Arizona has appealed and this may go all the way to the Supreme Court. In the meantime, there are still portions of the law being enforced relating to day laborers' and day laborer employers' ability to solicit work and help.
