Originally Posted by
gabosaurus
The suit that my cousin's husband has helped file does not challenge SB 1070 itself. Only challenges how it is enforced.
Currently, law enforcement is allowed to question people based on their perception of who might be an illegal immigrant. Factors could include language spoken, how the person is dressed and where their vehicle is registered.
If his challenge is upheld, law enforcement will be required to question the legal status of everyone. Otherwise, enforcement would be discriminatory and thus illegal.
A precedent is in current state border crossings between Texas and New Mexico and NM/Arizona. There is a checkpoint where they ask everyone if they are U.S. citizens.
I certainly hope Arizona has enough in its state treasury to defend the dozen or more challenges now on tap for SB 1070. The state is currently considering requesting federal aid to defend itself. Which I hope the Obama administration would laugh heartily at.