The larger issue is the fact that as a consequence of U.S. District Judge Susan Bolton's ruling, police officers will not be permitted to check the immigration status of individuals arrested for the commission of non-immigration related crimes. William Jacobson over at Legal Insurrection is apoplectic over that one. He writes in a blog post titled 'Helplessness and Anarchy':
The inability of a state to implement a policy of checking the immigration status even of people already under arrest for some other crime is remarkable.Jacobson is more than qualified to chime in on the matter; he is an Associate clinical Professor of Law at Cornell.
While I cannot blame the Judge for striking some provisions of S.B. 1070 (particularly those creating independent criminal sanctions), the ruling as to checking the status of people already under arrest is mind-numbing.
That's what makes the end of his post so enraging:
With a federal government which refuses to take action at the border until there is a deal on "comprehensive" immigration reform, meaning rewarding lawbreakers with a path to citizenship, this decision will insure a sense of anarchy. The law breakers have been emboldened today, for sure.The absurdity of this judge's ruling is right in line with the absurdity we've seen ad-nausea um courtesy of the Obama administration but that doesn't make it any less absurd. This ruling by Bolton actually emboldens illegal aliens to break the law more than did conditions before the law was passed. We have Barack Obama, Eric Holder, and tangentially Bill Clinton to thank.
As it stands this afternoon, it is perfectly rational for someone faced with the choice of obeying the immigration laws or not, to choose not to do so. The choice of lawlessness makes a lot more sense than spending years winding through the byzantine legal immigration system, because the end result will be the same but lawlessness gets you here more quickly.
When the law and the federal government reward lawlessness, something is very wrong.
More at the Wall Street Journal.