State officials stopping people for suspicion of violating federal immigration law

[Volokh, Eugene]

	I'm not sure about the details of the Arizona law.  But I would think that simply Terry stops on reasonable suspicion of illegal entry, or arrests on probable cause of illegal entry, would be permissible law enforcement.  (Naturally, if the required reasonable suspicion or probable cause is absent, that would violate the Fourth Amendment.)  I take it that state officials have no constitutional obligation to turn a blind eye to violation of federal law, including federal immigration law.

	Nor do I see the reasoning of Hines, coupled with DeCanas v. Bica, as demonstrating that federal immigration law preempts even state attempts to arrest people for violations of that federal law (as opposed to, as in Hines, state attempts to impose extra legal obligations on aliens).  I suppose federal law could do this, but it's just not clear to me that it does.  On the other hand, federal immigration preemption is pretty far removed from my field, so perhaps I'm mistaken on this.

	Eugene
	

> -----Original Message-----
> From: conlawprof-bounces at lists.ucla.edu [mailto:conlawprof-
> bounces at lists.ucla.edu] On Behalf Of Nareissa L. Smith
> Sent: Thursday, April 22, 2010 12:18 PM
> To: Humbach, Prof. John A.; conlawprof at lists.ucla.edu
> Subject: RE: Immigration suit against sheriff settled for $100K
> 
> Professor Humbach (and everyone),
> 
> I have a question about the new Arizona law permitting local officials to stop
> persons on reasonable suspicion of illegal entry into the country.  Why would they
> pass such a law when it seems quite possible under cases such as Hines v.
> Davidowitz that the law is preempted by federal immigration law?  I'm trying to
> envision a scenario in which the Court would find otherwise, but I am finding it
> difficult.  Does anyone have any thoughts on this?
> 
> Nareissa
> 
> -----Original Message-----
> From: conlawprof-bounces at lists.ucla.edu [mailto:conlawprof-
> bounces at lists.ucla.edu] On Behalf Of Humbach, Prof. John A.
> Sent: Wednesday, April 21, 2010 11:15 AM
> To: conlawprof at lists.ucla.edu
> Subject: Immigration suit against sheriff settled for $100K
> 
> http://www.journal-news.com/news/crime/immigration-suit-against-sheriff-settled-
> for-100k-663732.html?cxntnid=dlh-042110
> 
> Anybody think we may be seeing more of these out of Arizona?
> 
> http://www.foxnews.com/politics/2010/04/20/arizona-immigration-enforcement-
> stirs-national-debate/?test=latestnews
> 
> 
> John A. Humbach, Professor of Law
> Pace University School of Law
> 78 North Broadway
> White Plains, New York 10603
> Tel. 914-422-4239  -- jhumbach at law.pace.edu
> personal homepage: humbach.net
> 
> -----Original Message-----
> From: conlawprof-bounces at lists.ucla.edu [mailto:conlawprof-
> bounces at lists.ucla.edu] On Behalf Of Robert Sheridan
> Sent: Tuesday, April 20, 2010 23:24 PM
> To: borgmann at mail.law.cuny.edu
> Cc: conlawprof at lists.ucla.edu
> Subject: Re: Justice Stevens will not be easily replaced
> 
> Thank you.
> 
> I figure that you can't replace the wisdom and experience of many years
> with a young newcomer, however accomplished.  It takes time to learn
> what not to believe.  Growth, some call it.  Giving up your principles
> is what disappointed former supporters call it.
> 
> Roberts:  brilliant guy.  Alito:  good, conservative.  Can anyone
> predict now what they'll not believe twenty years from now?  Any signs
> of growth so far?  Too soon to tell?  Want them to stand pat?
> 
> Perhaps one of the screening questions for judicial candidates,
> especially for the high court, could be:  What have you learned not to
> believe as the result of all of your experience to date?
> 
> It'd be interesting to see Breyer, Ginsburg and Kennedy respond to such
> a question.  Any justice, for that matter.
> 
> rs
> 
> borgmann at mail.law.cuny.edu wrote:
> > This story was sent to you by: Caitlin Borgmann
> >
> > --------------------
> > Justice Stevens will not be easily replaced
> > --------------------
> >
> > American politics and the court have changed too much since the true judicial
> maverick was appointed in 1975.
> >
> > Christopher L. Eisgruber
> >
> > April 20 2010
> >
> > President Obama has said that he will seek to replace retiring Supreme Court
> Justice John Paul Stevens with someone who has "similar qualities."
> >
> > The complete article can be viewed at:
> > http://www.latimes.com/news/opinion/la-oe-eisgruber-20100420,0,4381694.story
> >
> > Visit latimes.com at http://www.latimes.com
> > _______________________________________________
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> >
> _______________________________________________
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> _______________________________________________
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> 
> _______________________________________________
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>