Federal activist Judge Susan Bolton's gutting of some of the key provisions of SB1070 has the open borders crowd popping open Champagne bottles.
The key word of SB1070 being overlooked is "Required." Enforcement of the provisions of SB1070 are already legal and constitutional. What makes SB1070 different from existing enforcement of immigration law is that under SB1070, enforcement of its provisions is Required. For example, under existing state law, a police officer who stops a speeder (of any color) who cannot produce a drivers license or any kind of identification and cannot be found on any of the state's databases, may be arrested if the officer chooses to do so. After arrest, the speeder's immigration status may be determined and if the suspect turns out to be an illegal alien, he/she is turned over to ICE. The scenario is no different under SB1070 with the exception that the officer is REQUIRED to arrest the speeder.
Professor John Eastman of Chapman Law College explains. Watch