Arizona's identity theft laws are not facially preempted by federal immigration law, the Ninth Circuit ruled on Monday. The state's identity theft laws prohibit the use of a false identity to obtain employment. The laws had been used by the controversial sheriff of Maricopa County, Joe Arpaio, to raid and arrest hundreds immigrants at their workplace.
A district court had ruled that the identity theft laws were likely to be unconstitutional last year, but the Ninth circuit disagreed, noting that Arizona's laws would not conflict with federal immigration law when applied to American citizens. The ruling raises the possibility that Sheriff Arpaio's workplace raids could recommence soon.