Immigration Note

Interesting note brought out by a law professor on the O'Riley Factor (Laura Ingraham guest hosting) regarding the Arizona Ruling today. He pointed out that in a footnote to the ruling the Judge notes that Law Officers have the discretion to inquire immigration status. The law required them to inquire but they still have the discretion to inquire where permitted. So in reality local law enforcement can still inquire legal status. Here is the footnote from the ruling

Many law enforcement officials already have the discretion to verify immigration status if they have reasonable suspicion, in the absence of S.B. 1070; Section 2 of S.B. 1070 removes that discretion by making immigration status determinations mandatory where practicable. (See Pl.’s Mot. at 26; Defs.’ Resp. at 20.)

Since she did not take away their discretionary powers, law enforcement can still inquire  legal status. Also since she did not adjoin the employment aspects or the sanctuary city (now illegal in Arizona) the law still has some teeth as it makes its way through the courts. It will probably be upheld by the Supremes, some day down the road though.