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⚖ The Constitutional Angle
Printz v. United States held the federal government may not compel local officers to administer or enforce a federal program, so a city may decline to carry out immigration enforcement. Arizona v. United States held state measures that obstruct the federal removal system are preempted because removal discretion belongs to federal officials. Whether a release policy like this crosses that line remains unsettled.
Printz v. United States 521 U.S. 898 (1997)
Vote: 5-4 · Opinion: Scalia
The federal government may not compel state or local executive officers to administer or enforce a federal regulatory program. The Brady Act's interim command that county sheriffs (CLEOs) conduct background checks on handgun purchasers — and the companion duty to accept Brady Forms from dealers — is unconstitutional, extending New York's anti-commandeering rule from state legislatures to state executive officers. Congress cannot circumvent the prohibition by conscripting the states' officers directly, regardless of how minimal the burden or how important the federal policy.
Arizona v. United States 567 U.S. 387 (2012)
Vote: 5-3 (Kagan, J., took no part) · Opinion: Kennedy
Three SB 1070 provisions are preempted: §3 (state crime for failure to carry federal alien-registration documents — field preemption; the federal registration scheme occupies the field), §5(C) (state crime for unauthorized aliens seeking or performing work — conflict/obstacle preemption; Congress deliberately chose employer sanctions, not worker criminalization, in IRCA), and §6 (warrantless state arrests of aliens believed removable — obstacle to the federal removal system, which vests removal discretion in federal officials).
Precedent facts from the PW Law Library — primary-source verified & independently audited
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