Did the Supreme Court Deliver a Pyrrhic Victory to Arizona? in Thomson Reuters News & InsightJuly 5, 2012
Robert Groban, Jr., Chair of the firm's Immigration Law Group, in the New York office, wrote an article titled "Did the Supreme Court Deliver a Pyrrhic Victory to Arizona?"
Following is an excerpt:
The Supreme Court's recent decision upholding the right of police to check the immigration status of people legitimately arrested on unrelated grounds may prove to be a Pyrrhic Victory for Arizona.
Section 2(B) of the challenged statute, S.B. 1070, codified at Ariz. Rev. Stat. Ann. §11-1051(B), requires police officers to verify the immigration status with the federal government of any person they "stop, detain, or arrest on some other legitimate basis if reasonable suspicion exists that the person is an alien and is unlawfully present in the United States." The problem is that the Supreme Court only upheld this provision against a "facial" constitutional attack. Actual implementation of the law could pose a major challenge for Arizona or any other state that seeks to implement a similar provision.