More on Arizona's Immigration Law

I enjoy reading Andrew McCarthy on National Review Online. Today, he offered three pieces on the constitutionality of Arizona's controversial immigration law here, here, and here.

I learned some important points about the law that make me feel better about its constitutionality. First, any communication between a police officer and an individual about immigration status can only come after the police officer lawfully stops the individual. In other words, a police officer cannot stop the individual and demand immigration papers on a hunch. It can only happen after a traffic stop, or if a search warrant is executed for another reason.

Second, the police officer may only question the individual about his immigration status if the police officer has a 'reasonable suspicion' about the individual's immigration status. This means that the officer must provide specific, articulable facts supporting his actions. A hunch will not cut it.

Third, any individual who is wrongly accused or questioned has the right to a civil action against the offending law enforcement agency.

These steps provide for greater protection to an individual that are provided under federal laws. A federal agent doesn't have to go through the steps that Arizona cops have to go through.

And finally, the law expressly prohibits any stop based on race or nationality.


There is a question about whether this law is constitutional under the Supremacy Clause, but I feel convinced that it does not violate Equal Protection laws - so long as police officers follow the mandates of the law.