It’s hard to live in a country where the mildest bit of common sense is considered unconstitutional.
I’ve read about half of the Judge’s opinion in the Arizona Immigration law case and I can make some very preliminary points.
I can’t be sure yet, but I think she misconstrued Hines v Davidowitz. She seems to have become enamored of some of the more florid dicta in that case and thinks that a state may never, ever, ever burden a legally present immigrant at all. Ever. For whatever reason. Period. End of story. No way. Uh-Uh. So if the cops in Arizona might ever check the immigration status of a legally present individual – while he already has been arrested for something else – that is considered some massive loss of rights and is assumed to contravene everything the country stands for.
Apparently, the whole country of Mexico could come flooding over our borders, and it would not matter. So long as there was some tiny chance that someone with a green card might be slightly inconvenienced – with the emphasis on MIGHT – she would throw the whole thing out.
This is insanity. We have a country that refuses to do anything at all about illegal immigration.
States have been left helpless to deal with the anarchy created by the failure of the federal government to enforce border security. Whereas yesterday it was unclear how far states (such as Rhode Island) could go, today states are powerless.
The inability of a state to implement a policy of checking the immigration status even of people already under arrest for some other crime is remarkable.
While I cannot blame the Judge for striking some provisions of S.B. 1070 (particularly those creating independent criminal sanctions), the ruling as to checking the status of people already under arrest is mind-numbing.
As a reader to my prior post points out, states already routinely run searches for a variety of statuses, including outstanding warrants, child support orders, and non-immigration identity checks. Each of these checks potentially could delay release of an innocent person or burden some federal agency.
The Judge’s reasoning, particularly that the status check provision violated the 4th Amendment even as to persons already under arrest, applies just as easily to these other status checks.
And therein is the insanity. Illegal aliens have become some sort of super-citizen, with MORE rights than citizens who have been stopped and are checked for all that other stuff.