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. . . .

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Blogger Joe Alves said...

Next time I get pulled over by highway patrol I am going to tell them they cannot see my ID because they are violating my civil rights. I guess under this administration though my civil rights cannot be violated though since I am WCM.

7/29/2010 2:24 PM  
Blogger Harry Schell said...

I think Holder and Obama have found a judge with the right amount of "empathy".

I will make a small wager Ms. Bolton gets a promotion in the next year.

"An undue burden" for ICE to fulfill its mission? Just how nuts are things going to get?

7/29/2010 4:42 PM  

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