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Univ. of San Diego School of Law

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Monday, April 30, 2012

Cohn on Racial Profiling and the Arizona Immigration Law

Marjorie Cohn (Thomas Jefferson School of Law) has posted Racial Profiling Legalized in Arizona (Columbia Journal of Race and Law, Vol. 1, No. 2, p. 168, 2012) on SSRN. Here is the abstract:

In 2010, Arizona enacted S.B. 1070, which legalizes racial profiling in that state, and effectively converts local law enforcement officials into de facto U.S. Immigration and Customs Enforcement officials. This article argues that the statute is unconstitutional because it violates the Fourth Amendment, is void for vagueness, and violates the Supremacy Clause. S.B. 1070 also suffers from practical deficiencies in that it will harm communities and increase harassment of Latinos. In addition, it runs afoul of universally recognized human rights. Other states have passed laws similar to S.B. 1070. The constitutionality of S.B. 1070 is currently pending before the U.S. Supreme Court, which will issue a decision by the end of its 2011-2012 term. The Court is reviewing an opinion by the U.S. Ninth Circuit Court of Appeals overturning some provisions of S.B. 1070 as violative of the Supremacy Clause.

http://lawprofessors.typepad.com/crimprof_blog/2012/04/cohn-on-racial-profiling-and-the-arizona-immigration-law.html

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