quinta-feira, 21 de abril de 2011

Legal English: SB1070 Review Exercise (Bolton Ruling)

The Court notes that S.B. 1070 is not a _____ statute; rather, it is an _____ of the Arizona Legislature that adds some new sections to the Arizona Revised Statutes (“A.R.S.”) and _____ some preexisting sections. S.B. 1070 also contains a _____ clause, providing that, [i]f a provision of this act or its application to any person or circumstance is held _____, the invalidity does not affect other provisions or applications of the act. Therefore, the Court cannot and will not _____ S.B. 1070 in its entirety.

amends      freestanding      enjoin       enactment        invalid        severability

Applying the _____ legal standards based upon well-established _____, the Court finds that the United States is _____ to succeed on the merits in showing that the four Sections of S.B. 1070 are _____ by federal law. The Court also finds that the United States is _____ to suffer _____ harm if the Court does not preliminarily _____ enforcement of these Sections of S.B. 1070 and that the balance of _____ tips in the United States’ favor considering the public interest.

proper     equities       precedent      irreparable       preempted      likely(2)       enjoin

TheUnited States argues that the overall statutory _____ of S.B. 1070 is _____ because it attempts to set immigration _____at the state level and interferes and conflicts with federal immigration law, foreign relations, and foreign _____. (Id. at 12-25.) Section 1 of S.B. 1070 declares a unified, state-wide public policy, providing:

The legislature declares that the _____of this act is to make _____ through enforcement the public policy of all state and local government agencies in Arizona. The provisions of this act are intended to work together to discourage and _____ the unlawful entry and presence of aliens and economic activity by persons unlawfully _____ in the United States.

preempted      intent      present      scheme      policy(2)      deter      attrition

The United States _____ that mandatory determination of immigration status for all arrestees “_____ with federal law because it necessarily imposes substantial _____ on lawful immigrants in a way that frustrates the _____ of Congress for nationally-uniform rules _____ the treatment of aliens _____ the country – rules designed to ensure ‘our traditional _____ of not treating aliens as a thing apart.’” (Pl.’s Mot. at 26 (quoting Hines v. Davidowitz, 312 U.S. 52, 73 (1941)).)

concern      asserts      throughout      governing      conflicts      policy       burdens

The United States argues that the _____ of requests for immigration status determination _____ to the federal government or federally-qualified officials would “_____ shift the _____ of federal resources away from federal priorities.” (Pl.’s Mot. at 30.)

directed      influx      impermissibly       allocation

The court finds that the United States has demonstrated it is _____ to succeed on its claim that the mandatory immigration _____ upon arrest requirement contained in Section 2(B) of S.B. 1070 is preempted by federal law. This requirement, as stated above, is _____ to _____ legally-present aliens, in _____ of the Supreme Court’s _____ in Hines that aliens not be subject to “the possibility of _____ practices and police _____.” 312 U.S. at 74.

contravention      burden      surveillance      directive      likely(2)       verification      inquisitorial

In combination with the _____ burden this provision will _____ on lawfully-present aliens, the burden on federal resources and priorities also _____ to an inference of _____. Therefore, for the purposes of preliminary injunction analysis, the Court concludes that the United States has demonstrated a _____of success on its challenge to the first sentence of Section 2(B). Section 2(B) in its entirety is _____ preempted by federal law.

place      preemption      impermissible       leads       likely       likelihood

Section 3 attempts to _____ or complement the uniform, national registration _____ by making it a state crime to violate the federal alien registration requirements, which a state may not do “_____ with the purpose of Congress.” Hines, 312 U.S. at 66-67; see also A.R.S. § 13-1509(A). While Section 3 does not create additional registration requirements, the statute does aim to create state _____ and lead to state _____ for violation of the federal law. Although the alien registration requirements remain uniform, Section 3 alters the _____ established by Congress under the federal registration _____.

inconsistently      supplement       penalties(2)      scheme(2)        prosecutions

Considering the substantial complexity in determining whether a particular public offense makes an alien _____ from the United States and the fact that this determination is _____ made by federal judges, there is a _____ likelihood that officers will _____ arrest legal resident aliens under the new A.R.S. § 13-3883(A)(5). By enforcing this statute, Arizona would _____ a “distinct, unusual and extraordinary” burden on legal resident aliens that only the federal government has the authority to ¬¬¬¬¬_____. Hines, 312 U.S. at 65-66.

ultimately      wrongfully      substantial(2)         removable        impose(2)

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