POLITICO

Sen. Lindsey Graham: Arizona immigration bill may be unconstitutional

By MANU RAJU | 4/27/10 1:00 PM EDT


South Carolina Sen. Lindsey Graham said Tuesday that the tough new Arizona immigration law will probably be struck down by the courts on constitutional grounds. AP

South Carolina Sen. Lindsey Graham said Tuesday that the tough new Arizona immigration law will probably be struck down by the courts on constitutional grounds.

"In my view it's all uphill under the law," Graham told reporters. "I think they'll have a hard time upholding this law, that's my view."

Graham, who quipped that he was "not the brightest lawyer in town," said he had a "reasonable suspicion if it comes down to the color of your skin or the ethnic background as the dominant reason, it shouldn't hold up."

His position creates some daylight with his close friend Sen. John McCain, who is facing a tough primary challenge in Arizona but has supported comprehensive immigration reform in the past.

McCain has called the Arizona law a "step forward" and a "good tool" but his office says it does not represent an endorsement.

The new law, which would give Arizona police broad new authority to crack down on suspected illegal immigrants, has effectively put the issue back on the top of the congressional agenda. But Graham, who was trying to negotiate a compromise, said an immigration bill is not ready for action.

To make his point, Graham at a Senate Judiciary Committee hearing singled out 10 Democrats by name who he said probably would not support a comprehensive bill.

"I don't believe you can get comprehensive immigration reform anywhere near 60 votres until you deal with this war in Mexico," Graham said.

Kasie Hunt contributed to this report.

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