April 29, 2010
Posted: 04:00 AM ET
THE DEBATE OVER ARIZONA'S NEW IMMIGRATION LAW HEATS UP WITH CARLOS MENCIA, GOV. BILL RICHARDSON AND OTHERS – THURSDAY NIGHT ON LARRY KING LIVE!
As the furor against Arizona's strict new immigration law escalates, immigrant advocates are preparing to move the fight to the courtroom, where their legal challenges have sunk other high-profile laws against illegal migrants.
The Los Angeles attorney who successfully challenged Texas and California efforts to bar illegal migrants from public services said this week that the Arizona law was similarly doomed because it unconstitutionally attempts to usurp federal jurisdiction to regulate immigration and could violate guarantees of equal protection with selective enforcement against certain ethnic groups.
The law makes it a state crime for illegal migrants to be in Arizona and requires police to check for evidence of legal status.
"The Arizona law is doomed to the dustpan of other unconstitutional efforts by local government to regulate immigration, which is a uniquely federal function," said Peter Schey, president of the Center for Human Rights and Constitutional Law in Los Angeles.
But the attorney who helped write the Arizona law said he carefully crafted the measure to avoid those constitutional issues. Kris Kobach, a University of Missouri-Kansas City law professor who handled immigration law and border security under U.S. Atty. Gen. John Ashcroft during the Bush administration, said the law does not seek to regulate immigration but merely adds state penalties for what are already federal crimes.
Under the legal doctrine of "concurrent enforcement," he said, states are allowed to ban what is already prohibited by federal law. As an example, he said, the courts have upheld efforts by California, Arizona and other states to enact sanctions against employers who hire illegal migrants.
Filed under: immigration
From around the web
Go Behind The Scenes
LARRY KING LIVE'S Emmy-winning Senior Executive Producer Wendy Walker knows what it takes to make a great story.
With anecdotes, provocative emails, scandals, show transcripts and insights into Walker's long working relationship with Larry King, her new book PRODUCER issues readers an invitation to listen in on the most intriguing conversations on the planet.