New piece up at Fox News: Verdict’s In: Arizona Judge Lacks Good Reason

My newest piece starts this way:

Arizona's immigration law supposedly "would impose a 'distinct, unusual and extraordinary' burden on legal resident aliens that only the federal government has the authority to impose.” So asserted Federal District Judge Susan Bolton in her injunction of the new Arizona immigration law on Wednesday. “Given the large number of people who are technically ‘arrested’ but never booked into jail or perhaps even transported to a law enforcement facility, detention time for this category of arrestee will certainly be extended during an immigration status verification,” Ms. Bolton wrote in her decision.


But this reasoning makes little sense. Anyone -- no matter what their accent or looks -- who is "technically ‘arrested’" by police is required to show some type of ID. The minor exception is when the arrestee happens to be known to the police already. If unable to provide a basic ID, the police officer has no choice but to detain the individual until identification can be made. This is very basic. Police can't issue a ticket, even for a minor speeding offense, without being able to properly identify the person.

Despite the picture painted by Bolton, an immigration check for someone "technically ‘arrested’" imposes no more of a burden than the individual already faces. . . .