Feds to file lawsuit over Arizona immigration law

[Kevin]

Originally Posted by KSig RC

Does this really provide adequate disincentive for immigration on the whole? Will streams suddenly be sent across the border?

If you lend the news networks any credibility, illegals have been leaving Arizona in droves, fear is evident in the streets, etc. It's all a little overplayed and hysterical.

Additionally, I'm basically categorically against any increase in subjective authority to determine probable cause in real time - I can't imagine why others wouldn't be as well, but I'm willing to listen I guess?

I don't see how it does that at all. Maybe I misunderstand your point. The definition of probable cause hasn't changed. There's just now a new potential criminal activity which an officer can find probable cause to investigate without first arresting the individual.

Once the newness of this law wears off, I imagine this probable cause will be used pretty sparingly--and for what it's worth, if an officer really wanted to get someone deported, in many states, they can level an accusation such as public intoxication without having to do anything more than say that at the time of the arrest, the subject appeared intoxicated--no breathalyzers, no blood tests, go directly to jail and deportation, do not collect $200, etc.

If the police wanted to illegally discriminate, deport and harass minorities, the tools are really already there.