Is Arizona's law constitutional?

Whether any challenges to the Arizona law succeed could come down to the perception of judges about whether it competes with federal law.

To Kris W. Kobach, the law professor at the University of Missouri-Kansas City School of Law who helped write Senate Bill 1070 and many other immigration measures around the country, the key issue is “concurrent enforcement” — that is, whether the state law parallels federal law without conflict.

Because the Arizona statute draws directly on federal statutes concerning documentation and other issues, “the Arizona law is perfect concurrent enforcement,” Professor Kobach said…

Even if the new law is found constitutional on its face, critics suggest that when it is applied, it will lead to abuses that will be deemed unconstitutional. “I think it’s an inevitable consequence of the law,” Mr. Motomura said.