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US v Arizona
Why The Surprise?
When Arizona's Governor signed an immigration bill into law giving their police officers the right to request documentation from anyone they suspected of being undocumented, I wondered why such an unconstitutional law was signed or even proposed. The decision Tuesday by the US Attorney General to file a suit to block the laws implementation came as no surprise to me.
To begin with, we have a clear case of a state or local government entity performing a duty that is a federal responsibility. The argument that AM-Radio/FOX News(?) nation makes is that the Federal Government has not adequately performed the duty. But why not press Congress to more adequately fund enforcement, perhaps even crack down more on the business that rely on undocumented workers for cheap and exploitable labor? In a bit of irony, a recent decision involving the sacred, at least to many of the supporters of Arizona's law, 2nd Amendment could be used as a precedent in overturning Arizona's law.
The second reason is that the Arizona law is basically racial, if not ethnic profiling. No matter how much Arizona tries to deny it, Hispanics are going to be more likely to be asked for proof of citizenship. Be too brown-skinned, or perhaps be driving a certain kind of car in Arizona, and you'll likely be asked for proof of citizenship. This is likely why the ACLU has come up so strongly against this and similar legislation; we have a case where the prohibition of an unreasonable search is seen as being abridged, once again in the name of "Homeland Security".
Of course, the people that are behind Arizona's law, and similar legislation in States like Pennsylvania, aren't likely to concerned with Constitutionality. They're concerned with taking our frustrations on an outgroup, in this case Latinos.