Thread: The Arizona Immigration Law and Why It Is Constitutional

The Arizona Immigration Law: What It Actually Does, and Why It Is Constitutional:

Published on December 3, 2010

Updated on 4/19/2011 for research.

by Kris Kobach, D.Phil., J.D.

Lecture #1173

Abstract: America has arrived at a dangerous, unpreceÂ*dented moment: an Administration is attacking a state that is simply trying to help the federal government restore the rule of law. In addition to partisan mischaracÂ*terizations of S.B. 1070, observes Professor Kris Kobach, the Eric Holder Justice Department launched an unpreceÂ*dented and unwarranted lawsuit that has shattered the balance between the federal government and the states, as well as the balance between executive and congressional power, through its distortion of preemption doctrine. A federal district judge has already embraced the Justice Department’s argument without any evident awareness of how the argument breaches constitutional boundaries. Consequently, concludes Kobach, America’s only hope is that the appellate courts will realize just what is at stake, and uphold S.B. 1070 on constitutional grounds.

Arizona’s S.B. 10701 began as a commonsense law to improve immigration law enforcement and faciliÂ*tate cooperation between federal, state, and local law enforcement officers, but the uproar that followed has become a case study in liberal dissembling and execÂ*utive overreach. Few laws have been so grossly misÂ*characterized by so many leaders on the Left. From President Barack Obama on down, partisans rushed to the microphone to hyperventilate about an impending police state in Arizona. Then the Eric Holder Justice Department launched an unpreceÂ*dented and unwarranted lawsuit that has shattered the balance between the federal government and the states, as well as the balance between executive and congressional power. Both the criticism and the lawsuit are without basis.[1]

Mischaracterizations of S.B. 1070

The criticism from the Left was based upon three fundamental misrepresentations of what S.B. 1070 actually does.

[b]First, and most outrageously, critics incorrectly claimed that the law would promote racial profilÂ*ing. Rep. Raul Grijalva (D–AZ) made this claim, along with Rep. Luis Gutierrez (D–IL), Del. Eleanor Holmes-Norton (D–DC), and others. More surprisÂ*ing, however, was the commentary from the counÂ*try’s top attorney. Attorney General Eric Holder sternly warned the nation on Meet the Press that the law “has the possibility of leading to racial profilÂ*ing.â€

Mr. Kobach, D.Phil., J.D. should send a copy of this information to Arizona Supreme Court and President Obama, because someone is misinterpreting the U.S. immigration laws and Constitutional laws as well, which is already in effect and were written into law by United States lawmakers. Until such laws are updated, or goes out of effect Law Enforcement Officers have every legal right to enforce those laws. Not even the President has a legal right to say those laws cannot be enforced. In order to change the law rules, other laws must be legislated and enacted into law. If President Obama do not like the laws already in effect he must have lawmakers to change the laws currently protecting the United States from unlawful acts.

Right O!! Great article Kris Kobach and I'm so glad you took the time to write this article and explain the law of SB 1070 and give the people a chance to learn the whole truth about it.

There is only one reason a court would have ruled against any parts of this legislation and that reason is that the judges read the administration's arguments against the bill, but didn't read the bill. Otherwise, they would have seen the false flag arguments of the Obama Administration were just that: false.

Since 1940, it has been a federal crime for aliens to fail to keep certain registration documents on their person or to fail to register with the federal government.

Let us get something straight.

What they are saying is an undocumented terrorist or illegal alien crime offender do not have to carry any form of documents, allowing police to detect who persons are? Isn't that sending out the wrong message to all undocumented aliens residing in the U.S., and wouldn't it allow them to think they can enter the U.S. and mingle among citizens, and not have to verily who they are to police officers? Not only in Arizona, every State in America. Blocking such laws is very dangerous for police officers and citizens, because unlawful border crossings occurs on a daily basis, any person could walk our streets, live in Communities and not be detected by police officers.

The consequences of violating the Arizona law are the same as the consequences of violating the federal law: a fine of up to $100 and/ or imprisonment of up to 30 days. Any American who has travelled abroad knows that just about every country in the world imposes similar docuÂ*mentation requirements on U.S. citizens. It is hardly unfair or unusual to enforce America’s own laws in this area.