July 28, 2010
The Court determined that for the purpose of preliminary injunction analysis the U.S. had demonstrated that section 2(B) is likely to be preempted by Federal law. The Court described the, likely preempted, section 2(B):
“Subsection 2(B) requires officers to make a reasonable attempt, when practicable, to determine an individual’s immigration status during any lawful stop, detention, or arrest where reasonable suspicion exists that the person is unlawfully present in the United States. Id. § 11-1051(B). Subsection 2(B) also requires that all persons who are arrested have their immigration status verified prior to release….”
The order goes on to say that while Arizona’s interest may be consistent with the federal government, it is not in the public interest to enforce preempted laws.