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32 Immigr. & Nat'lity L. Rev. 27 (2011)
Placing S.B. 1070 and Racial Profiling into Context, and What S.B. 1070 Reveals about the Legislative Process in Arizona

handle is hein.journals/inlr32 and id is 41 raw text is: PLACING S.B. 1070 AND RACIAL PROFILING INTO CONTEXT, AND WHAT S.B. 1070 REVEALS ABOUT THE LEGISLATIVE PROCESS IN ARIZONA David A. Selden* Julie A. Pace** Heidi Nunn-Gilman*** I. INTRODUCTION S.B. 1070' is fascinating on many levels for many reasons. It has focused a national and international spotlight on Arizona. It has broadened and intensified the national debate regarding immigration policies and enforcement. It has tested the constitutionality of state and local enforcement of immigration laws. It has permeated and looms large over the legal battle, now entering its fourth year, currently pending before the U.S. Supreme Court regarding the constitutionality of Arizona's 2007 Employer Sanctions Immigration Law, the Legal Arizona Workers Act (LAWA).2 Analyzing the legislative process that produced S.B. 1070 and the language of the law offers insight not only into how S.B. 1070 affects Arizona and federal immigration law and policy, but into the Arizona * Senior member of The Cavanagh Law Firm emphasizing trial litigation, employment and OSHA. He has chaired or co-chaired the Employment Committee of the Arizona Chamber of Commerce for 20 years. ** Senior member of The Cavanagh Law Firm emphasizing employment, immigration worksite enforcement, E-Verify, OSHA, and litigation. She chaired the Arizona Chamber of Commerce Immigration Task Force. Pace has handled hundreds of 1-9 audits, investigations, and enforcement actions by ICE and local law enforcement. Selden and Pace are the co-editors of the national book Employment Verification-An Employer's Guide to Immigration, Form 1-9, and E-Verify. *** Heidi Nunn-Gilman is an associate of the Cavanagh Law Firm who emphasizes employment, 1-9, E-Verify, and government contracts. The authors filed the lawsuit challenging the constitutionality of the 2007 Arizona Employer Sanctions Immigration Law, Chamber of Commerce v. Whiting, 131 S. Ct. 624 (argued Dec. 8, 2010). 1. S.B. 1070, 49th Leg., 2d Reg. Sess. (Ariz. 2010) (enacted), available at http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf. 2. ARIz. REv. STAT. §§ 23-211 to -214 (2008). Originally published in 43 ARIz. ST. L. J. 523 (2011). Used by permission.

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