The Rule of Law: Arizona Law Professors on SB 1070

Four Arizona law professors, Gabriel Chin, Carissa Hessick, Toni Massaro and Marc Miller have published an extensive analysis of the new Arizona immigration law -- SB 1070 (http://ssrn.com/abstract=1617440). Significantly, the authors conclude that despite the statements of some proponents of the law, including the Governor of Arizona, that the statute prohibits racial profiling, in fact, the "text of [SB 1070] authorizes racial profiling." (Id.) And, indeed, the statute may "require the use of race" in enforcing the law. (Id.) In addition, the authors argue that the proponents of the bill have so far failed to identify a legitimate "source of state authority to generate immigration policy." (Id.) This timely analysis should be very useful as the complex litigation over this matter moves forward toward resolution.