Posted on 05/14/2010 4:00:54 PM PDT by SantaLuz
Arizona's controversial new immigration law probably would withstand legal challenges on constitutional grounds, according to a panel of three UC San Diego law professors.
However, the professors said the law could create problems, such as racial profiling, if it is not implemented properly.
The professors spoke Thursday during a panel discussion on the university's campus in La Jolla hosted by the Institute of the Americas, an organization that promotes cooperation between the U.S. and Latin America.
Arizona's law, Senate Bill 1070, requires police officers to check a person's immigration status if they have a "reasonable suspicion" the person is in the country illegally. It makes it a state crime to be in the country without legal documentation; it already is a federal crime.
Critics say the law, which takes effect later this year, could lead to racial profiling of Latinos and other ethnic minorities. Some Latino and civil rights groups, including the American Civil Liberties Union and the Mexican American Legal Defense and Education Fund, say they plan to challenge the law in court.
Those groups say the Arizona law also violates the U.S. Constitution by interfering with federal immigration power and authority.
Professor Lawrence Alexander, who teaches constitutional law at UCSD, said that argument would fail because the Arizona law does not conflict with federal immigration law. The state law is only seeking to enforce the federal law, he said.
"I don't see anything in this law that is going to fail a challenge on the grounds of federal supremacy," Alexander said.
(Excerpt) Read more at nctimes.com ...
That’s nice, but what matters is what the Supreme Court says.
Of course it’s constitutional. It basically mirrors the federal code on this issue. Illegal aliens have limited rights compared to citizens. Their #1 right is to be deported soon after being discovered. We are denying these illegals their #1 right — a swift and efficient deportation back to country of origin.
From California. Why am I not surprised?
Not if Fat Pig Kagan gets in.
Hell, our esteemed AG, who hasn't actually read the bill, characterizes it as an evil nazi edict.
How do you deal with people who simply will not acknowledge the truth?
They said it was constitutional.
That's a bad thing? It might irritate the legal Latinos enough so that they'll stop aiding and abetting the illegals. Maybe they'll think twice about taking their kids' birth certificates across the border to bring back cousin Jose's brood.
A friend said he received a letter from his “bishop” who stating that the only lawsuit that will stand up in court is the one filed by Holder and his boys complaining that Arizona is trying to do the job the Feds are refusing to do. That could be a two edged sword if you ask me. If the Feds admit that stopping the “reconquistadors” is THEIR job, wouldn’t that leave them open to lawsuits by all 57 states complaining that the Feds are refusing to do the job they’re being paid to do?
I’m sure these fellows also thought Bush was selected not elected.
Isn’t it up to the SCOTUS to determine if the AZ immigration law is constitutional or not? It seems that everybody and his mother have suddenly become constitutional lawyers.
Arizona passes a law that mirrors US federal law and the illegals bitch about it.
Now Arizona should now say, “Yes, fine, we’ve learned our lesson. We will instead pass the “Arizona will Treat Illegals Exactly Like Mexico Law” and watch the illegals sh1t their pants. What will they have to bitch about? Pass the exact language Mexico uses to deal with illegals in their country.
If they complain, point out the utter hypocrisy and double standards they are operating under. Because for those south of Mexico, to them, Mexico is like America is to the mexican illegals.
We really need to do this to utterly discredit the left and tie them up into a massive hypocritical (and untenable) pretzel. How can you complain? Arizona is following the exact laws Mexico has? How can you complain when it’s your own laws they are following? What kind of hypocrites are you? In your country you beat the crap out of illegals, your citizens can detain them until the police come and rough them up, take their money and stuff, pack them on hot buses and drive them several hundred miles back into their own countries and warn them the next time will be worse.
No, the AZ Supreme Court would. And even if someone files suit about it, it would not start right away at the Supreme Court, it would be at a district court , then go up the line as appeals continued. Probably to whatever circuit court of the region is, then to the Supreme Court if they decide even to hear it.
Can the professors cite the specific language in the bill which might permit the law to be improperly enforced?
So can every single law that exists. As ... we ... well ... know!
Their statement is as meaningful as saying drownings are possible in swimming pools.
Having been in Arizona and seen the folks wandering about the place I really wonder how you could have “racial profiling” ~ like they all look alike!
UCSD does not have a law school. So I think that these people teach class about law to undergrads at UCSD. If they couldn’t be hired as professors at an actual law school, what does that say about their academic credentials?
Danke sehr.
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