The Ninth Circuit Court of Appeals yesterday upheld a lower court ruling that declared most of Arizona’s punitive and racist anti-immigration law unconstitutional. The law, you will recall, requires policemen to ask for immigration documents from anyone they “suspect” of being here illegally, a more or less open invitation to racial profiling. The fact that the Court of Appeals has now backed the District Court in finding the law unconstitutional is a little bit of good news in the fight over immigration.
The decision of the court, written by Judge Richard Paez, could not have been more blunt: “Arizona has attempted to hijack a discretionary role that Congress designated to the Executive.” Arizona, and other states which are contemplating similar statutes, cannot do an end-run around the federal government and try to enforce immigration laws that state makes up. Immigration is, obviously, a federal issue. And, the idea of states doing end-runs around the federal government died on a field at Appomattox.