The United States has demonstrated that it is likely to succeed on its claim that the mandatory immigration verification upon arrest requirement contained in Section 2(B) of S.B. 1070 is preempted by federal law. This requirement, as stated above, is likely to burden legally-present aliens, in contravention of the Supreme Court’s directive in Hines that aliens not be subject to “the possibility of inquisitorial practices and police surveillance.” 312 U.S. at 74.
The decision says nothing about voluntary verification by the police. And herein lies the problem with the Obama Administration approach on this issue - the video show ICE cooperating with the Tucson police in this blatantly discriminatory policy. ICE should never have answered the call. Arizona must be removed from the 287(g) program.
Yes Arizona has enacted a racist policy. But it is the Obama Administration's Immigration and Customs Enforcement agency that is enforcing this racist policy.
Speaking for me only
