Arizona Law Will Triumph in Court; Constitutional Challenges Have Little Support in Case Law

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Byline: John Winn, SPECIAL TO THE WASHINGTON TIMES

Despite howls of outrage from the political left and right, Arizona's new immigration law (SB 1070) will probably withstand constitutional challenge. At its heart, the statute defines as unlawful trespass the presence in the state of adult aliens (noncitizens) who do not possess valid federal identification. The legislation specifically invokes Section 1304 of Title 8 United States Code. Section 1304 requires aliens at all times to carry a certificate of alien registration or an alien registration receipt card. Adequate federal documentation would therefore consist of a permanent resident Green Card, work visa or immigrant visa.

Most criticism of the Arizona law is that enforcement will inevitably …