Law Suit Against New Arizona Immigration Law

It will be interesting to see where this law suit leads. It is not totally clear if the immigration law that Arizona has enacted goes against the preemption doctrine. One would think that immigration is exclusively under the jurisdiction of the federal government. However, I am unsure how the Arizona law goes against what Congress has legislated. Congress has indicated what the rules are for coming into the country legally, the Arizona law does not alter that. It would be better if Congress changed the rules for how a person can legally be present in the country. That is the real problem here. If the federal government does not like the Arizona laws, changing the immigration laws so that most of the illegal immigrants suddenly had a lawful presence in the country would make the Arizona law pointless. I think the reason that the racial profiling argument was not raised yet is because it is a lot easier to prove after it has occurred and can be clearly seen through statistics and evidence.

This entry was posted in General Legal Commentary. Bookmark the permalink.