With a federal government which refuses to take action at the border until there is a deal on "comprehensive" immigration reform, meaning rewarding lawbreakers with a path to citizenship, this decision will insure a sense of anarchy. The law breakers have been emboldened today, for sure ~ William A. Jacobson @ LegalInsurrection.blogspot.com.
Unconstitutional or Inconvenient:
Judge Bolton’s thinking (and for that matter Palmatier’s) begs this question. If a person produces a passport, a driver’s license or some other government issued identification during a lawful stop, detention or arrest by an Arizona law enforcement official, why would said law enforcement official then develop a reasonable suspicion that person was in the country illegally? If, in fact, it was Arizona’s intention to check the immigration status of every single person they arrested, then I would argue that Arizona would be doing the very opposite of racial profiling. Yet somehow I don’t think critics of S.B. 1070 would be inclined towards such generosity.
But putting aside the question of whether it is actually mandatory for Arizona law enforcement officials to contact the LESC following every single arrest, let us assume that Palmatier is correct in his assessment that the implementation of S.B. 1070 would result in a dramatic increase of IAQ requests to his agency. So what if does? The LESC will simply have to find a way to deal with it whether by lobbying for more resources or reallocating existing ones. I am not suggesting the implementation of the Arizona immigration law doesn’t present administrative, budgetary and other logistical challenges for the LESC. But it does not present a constitutional challenge.
From The American Spectator and AmSpecBlog by Aaron Goldstein.