The law creates a suspect class, based in part on ethnicity, considered guilty until they prove themselves innocent. It makes it harder for illegal immigrants to live without scrutiny — but it also makes it harder for some American citizens to live without suspicion and humiliation. Americans are not accustomed to the command “Your papers, please,” however politely delivered. The distinctly American response to such a request would be “Go to hell,” and then “See you in court.”
The government of Arizona, it turns out, has been ambushed by its own Legislature. If this vague law is applied vigorously, the state will be regularly sued by citizens who are wrongfully stopped. But if the law is not applied vigorously enough, it contains a provision allowing citizens to sue any agency or official who “limits or restricts the enforcement of federal immigration laws.” Either way, lawyers rejoice.
The Arizona law — like others before it — does have one virtue. It sorts Republicans according to their political and moral seriousness.
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