Wednesday, July 28, 2010

"Middle of the Road" Predicts Constitutional Challenge to AZ Immigration Law Correctly

In May, I analyzed SB1070, the controversial immigration law passed in Arizona. One of my points of contention was the "reasonable suspicion" clause in the law, as I thought it would be challenged in Federal Court. Here is the excerpt from my blog post:

"The ambiguity comes from the words “reasonable suspicion.” What constitutes “reasonable suspicion?” Will it be treated like “probably cause?” More importantly, is it ambiguous enough that it can withstand an argument of violation of XIV rights? [Court Challenge]"

AND

For this law to stand up to legal challenges, it must clearly outline the guidelines for “reasonable suspicion” and ensure that the lawful activities and civil rights of U.S. citizens are not unconstitutionally scrutinized or violated.

Here is an excerpt from a recent politics daily article that described the injunction passed that restricted some elements of the law from being enforced:

"Put on hold for now, pending further judicial review, were provisions that required a check of immigration status for anyone stopped by police under "reasonable suspicion" of unlawful status; made it a state crime to violate federal immigrant registration laws; and made it a crime for illegal immigrants to seek work in the state."

Prognosticator? I think so.

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