Monday, July 26, 2010

Effect of Arizona's new immigration law may hinge on federal cooperation

by Daniel González, The Arizona Republic

Arizona's tough new immigration law is slated to take effect Thursday, but the nation's immigration enforcement agency has not indicated whether it will cooperate with police who are trying to enforce it.

Without cooperation from Immigration and Customs Enforcement, much of the law would become unenforceable: Police would have no way of determining, from federal authorities, the legal status of suspected illegal immigrants as the state law requires. And that would severely hamper efforts to arrest them for violations of the law.

As a result, local police officers might have to release suspected illegal immigrants if they can't determine their status.

"If the Department of Homeland Security says, 'SB 1070 is unconstitutional, don't cooperate,' . . . then much of what is going on here shuts down. Not necessarily all of it, but a lot of it," said Gabriel Jack Chin, a University of Arizona criminal-law professor who co-authored a legal analysis of the law.


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