Double Trouble: Double Jeaporday's Dual Sovereignty Exception and State Immigration Statutes

Gregory S. Schneider, and Gabriel J. Chin
Published in
Arizona Journal of International & Comparative Law, Volume 28 (2011), 363-382

On April 23, 2010, Arizona Governor Jan Brewer signed S.B. 1070 into law, igniting a national controversy about the law and immigration generally. Arizona’s new law regulated noncitizens and their movement in and through the state, but in this respect it was hardly unique. For example, Arizona already had a statute criminalizing transporting undocumented noncitizens, as did Colorado, Florida, Oklahoma, Missouri, South Carolina, and Utah. These laws all focus on making it a state crime to transport, conceal, harbor, or shield noncitizens whose presence is not authorized by federal law. These laws may be just the tip of the iceberg, because at least another seven states considered bills that contemplated similar legislative changes.