[Guest post by DRJ]
Legal Insurrection explains how the Obama Administration may nullify Arizona’s new immigration law:
“My expectation is that if the ruling goes as currently expected, and the status check provision alone survives, the Obama administration will refuse to take into custody anyone who is turned over by Arizona authorities who is not already wanted for a crime or who was not picked up in the course of committing another crime.
Call it nullification. Or better yet, willful disregard of the law.”
I think Jacobson is right, especially since this is similar to the Obama Administration’s response to the court’s decision regarding Obama’s offshore drilling moratorium. In the moratorium case, the Administration used federal executive powers to avoid the consequences of the adverse court decision. The Obama Administration could do the same here by refusing to take custody of anyone who wasn’t already wanted for a crime. In fact, federal authorities might even restrict immigration checks to persons charged with felony offenses.
Of course, it’s also possible the Administration will aggressively check immigration status to facilitate its planned lawsuit alleging Arizona’s law encourages discriminatory racial profiling. But I doubt it, because I don’t think the Obama Administration wants to provide statistics that might show how many illegal immigrants are suspected of committing crimes.