[pfflier]

One reason given by the judge is that it “burdens lawfully-present (aliens) because their liberty will be restricted while their status is checked.”

What aboout sobriety checkpoints?

[Oldexpat]

This means that the AZ police should haul every law breaker into jail..no tickets for no license and no insurance..just haul them in and then they can determine their status. I imagine that Sheriff Joe will have his take on this as well.

[jim macomber]

Absolutely.

When the sobriety checkpoints were challenged as violating fourth amendment rights, the courts acknowledged they in fact did so. The courts then determined that the fourth amendment violation, which would otherwise be unconstitutional, should stand anyway because the checkpoints address a "compelling state interest". They found keeping drivers who'd been drinking off the streets was a "compelling state interest".

Even if the Arizona law were otherwise unconstitutional, and in my opinion it is not, are not addressing illegal immigration, protecting the borders and national security "compelling state interests".