Decisions · 567 U.S. 387 (2012)

Arizona v. United States

Arizona v. United States (2012) held that states cannot run their own immigration system. The Supreme Court struck down state crimes for lacking registration papers and for seeking work without authorization, and warrantless arrests for being removable. It let stand the rule that police check status during lawful stops. It decided no one's status, and new state laws are still being fought.

Published:

General information, not legal advice. See the notice at the end of this page.

What did the Court strike down, and what survived?

On June 25, 2012, the Court ruled on four parts of Arizona's S.B. 1070. Section 3 made failing to carry federal registration papers a state crime; it fell, because Congress occupies that field. Section 5(C) made seeking work without authorization a state crime; it fell, because Congress chose to punish employers, not workers. Section 6 allowed warrantless arrest for an offense making a person removable; it fell, and the Court said that, as a general rule, it is not a crime for a removable person to remain in the United States. Section 2(B), requiring officers to try to verify status in some stops, survived for now. Its survival is limited: the Court decided only that this provision was not yet shown to conflict with federal law. Next step: do not read this case as immunity from arrest. It limits states, while ICE keeps its federal power.

Can local police ask about my immigration status?

Generally the case allows it, within limits. Under the surviving provision, an officer who has reasonable suspicion that a person is unlawfully present makes a reasonable attempt to verify status with ICE. The Court warned that holding someone only to check status could raise constitutional concerns, and it left open challenges after the law took effect. Separately, federal law still applies to you: under 8 U.S.C. § 1304(e), registered noncitizens age 18 and over must carry registration papers, and a violation is a misdemeanor with a fine up to $100, up to 30 days in jail, or both. State law cannot add its own crime for that, but the federal rule remains. Next step: adults should carry their green card or other registration document, and keep a lawyer's number on hand. Never hand over a false document or sign anything you do not understand.

What does this mean in Florida?

Florida's 2025 law, SB 4-C, made it a state crime for an unauthorized person to enter Florida after avoiding federal inspection, or to enter or be in Florida after being denied admission or removed (Fla. Stat. §§ 811.102 and 811.103). A federal court blocked its enforcement statewide. An Eleventh Circuit panel refused in June 2025 to lift the block, relying on Arizona while calling preemption a closer question, and the Supreme Court refused on July 9, 2025. The appeal was argued October 9, 2025. The latest report we found, dated March 13, 2026, showed no ruling, so the law remained blocked. Local cooperation is separate: Florida bans sanctuary policies and requires county jails to sign 287(g) agreements with ICE. Next step: assume any Florida arrest can reach ICE. If charged under SB 4-C, tell your criminal lawyer at once, because the charge may conflict with that injunction.

Does Arizona stop states from passing new immigration crimes?

Not automatically. Each new law must be challenged, and procedure can decide the result. Texas's SB 4 creates a state crime for entering at a place other than a port of entry and lets state magistrates order removal. On April 24, 2026, the full Fifth Circuit voted 10-7 to lift an injunction because the plaintiffs lacked standing, without ruling on constitutionality. A panel then paused a new injunction. So as of the last report we found, from June 2026, Texas may enforce SB 4, and officers can arrest people suspected of unauthorized entry. California sits in the Ninth Circuit, which handled the Arizona case. Arizona binds every state, but its reach depends on the law involved and on who sues. Next step: if you lack status and may travel through Texas, treat SB 4 as enforceable and ask a lawyer first, because this can change quickly.

What if a state arrest leads to immigration trouble?

Treat any arrest as an immigration event, even a minor one. Through 287(g) agreements, ICE can authorize local officers to identify and process removable people in jail, or to enforce limited immigration authority during routine police work. Under the Laken Riley Act, certain inadmissible people who are arrested for or charged with burglary, theft, shoplifting, assaulting an officer or a crime causing death or serious injury must be detained by ICE, with no conviction needed. A conviction can also create a ground of removal under INA § 237. Next step: tell your criminal defense lawyer your exact status before any plea. If a relative is moved to ICE custody, find them and any case through our court hearing guide, and read the bond hearing guide the same day. Our removal defense page explains how we help in these cases.

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Frequently asked questions

Is it a crime to be in the United States without status?

As a general rule, no: in Arizona v. United States (2012), the Supreme Court said it is not a crime for a removable person to remain in the United States. That is not immunity from arrest. The case limits states, while ICE keeps its federal power, and new state laws are still being fought.

Do I have to carry my green card with me?

Yes, if you are an adult: under 8 U.S.C. § 1304(e), registered noncitizens age 18 and over must carry registration papers. A violation is a misdemeanor with a fine up to $100, up to 30 days in jail, or both. Arizona v. United States stops states from adding their own crime, but the federal rule remains.

Is Florida's immigration law SB 4-C in effect?

Florida's SB 4-C remained blocked as of the latest report we found, dated March 13, 2026. A federal court blocked its enforcement statewide, the Eleventh Circuit panel and the Supreme Court refused to lift the block in 2025, and that report showed no ruling on the appeal argued October 9, 2025.

Is Texas SB 4 in effect?

As of the last report we found, from June 2026, Texas may enforce SB 4. On April 24, 2026, the full Fifth Circuit voted 10-7 to lift an injunction because the plaintiffs lacked standing, without ruling on constitutionality, and a panel then paused a new injunction. This can change quickly, so ask a lawyer before traveling through Texas without status.

What is a 287(g) agreement?

A 287(g) agreement lets ICE authorize local officers to identify and process removable people in jail, or to enforce limited immigration authority during routine police work. Florida requires county jails to sign these agreements and bans sanctuary policies, so assume any Florida arrest can reach ICE.

Can ICE detain me after an arrest even without a conviction?

Yes, in some cases. Under the Laken Riley Act, certain inadmissible people arrested for or charged with burglary, theft, shoplifting, assaulting an officer or a crime causing death or serious injury must be detained by ICE, with no conviction needed. Tell your criminal defense lawyer your exact status before any plea.

What is Arizona v. United States?

Arizona v. United States (2012) held that states cannot run their own immigration system. The Supreme Court struck down state crimes for lacking registration papers and for seeking work without authorization, and warrantless arrests for being removable. It let stand the rule that police check status during lawful stops. It decided no one's status, and new state laws are still being fought.

What should I check before relying on this information?

Treat any arrest as an immigration event, even a minor one. Through 287(g) agreements, ICE can authorize local officers to identify and process removable people in jail, or to enforce limited immigration authority during routine police work. Under the [[laken-riley-act|Laken Riley Act]], certain inadmissible people who are arrested for or charged with burglary, theft, shoplifting, assaulting an officer or a crime causing death or serious injury must be detained by ICE, with no conviction needed. A conviction can also create a ground of removal under [[ina-237|INA § 237]]. Next step: tell your criminal defense lawyer your exact status before any plea. If a relative is moved to ICE custody, find them and any case through our [[find-immigration-court-hearing|court hearing guide]], and read the [[immigration-bond-hearing|bond hearing guide]] the same day. Our [[/services/removal-defense|removal defense page]] explains how we help in these cases.

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