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News Tip: Arizona Immigration Law 'a Threat to Federal Sovereignty'
The Supreme Court will hear oral arguments over Arizona's stringent immigration law on Wednesday, April 25. At issue in Arizona v. United States is whether or not federal immigration laws preclude Arizona's stricter state law.
Visiting assistant professor of law, Duke University Law School
Hu studies the intersection of immigration policy, national security and civil rights. She previously worked as special policy counsel in the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), in the Civil Rights Division of the U. S. Department of Justice. As special policy counsel, Hu managed a team of attorneys and investigators in the enforcement of the anti-discrimination provisions of the Immigration and Nationality Act (INA), and was responsible for federal immigration policy review and coordination for OSC.
"Setting immigration policy at the national level, like establishing a national currency, falls within the sole power of the federal government. Given the impact of immigration policy on foreign and interstate commerce, international treaties and foreign relations, the Supreme Court has previously concluded that controlling migration patterns is strictly the prerogative of the federal government.
"If the Supreme Court upholds SB 1070, this is a threat to federal sovereignty. Put another way, the tidal wave of thousands of immigration laws passed at the state and local level eviscerates the federal government's ability to develop and implement a coherent, effective and uniform immigration policy at the national level."