US V Arizona - What about US V Rhode Island? Courtesy of LLE

US V Arizona - What about US V Rhode Island? Courtesy of LLE

Wednesday, July 07, 2010


States v. Arizona — How 'Bout United States v. Rhode Island?



Well whaddya know? It turns out that Rhode Island has

long been carrying out the procedures at issue in the Arizona immigration

statute: As a matter of routine, RI state police check immigration status

at traffic stops whenever there is reasonable suspicion to do so, and they

report all illegals to the feds for deportation. Besides the usual

profiling blather, critics have trotted out the now familiar saw that such

procedures hamstring police because they make immigrants afraid to

cooperate. But it turns out that it’s the Rhode Island police who

insist on enforcing the law. As Cornell law prof William Jacobson details

at Legal Insurrection, Colonel Brendan P. Doherty, the state police

commander, “refuses to hide from the issue,” explaining,

”I would feel that I’m derelict in my duties to look the other


If, as President Obama and Attorney General Holder claim, there is a

federal preemption issue, why hasn’t the administration sued Rhode

Island already? After all, Rhode Island is actually enforcing these

procedures, while the Arizona law hasn’t even gone into effect yet.

Could it be because — as

we’ve discussed here before — the Supreme Court in Muehler

v. Mena has already held that police do not need any reason (not

probable cause, not reasonable suspicion) to ask a person about his

immigration status?

Could it be that just this past February, in Estrada v. Rhode Island, the

U.S. Court of Appeals for the First Circuit upheld the Rhode Island

procedures, reasoning that, in Muehler v. Mena, the Supreme Court

“held that a police officer does not need independent reasonable

suspicion to question an individual about her immigration


So, we have a Justice Department that drops a case it already won against

New Black Panthers who are on tape intimidating voters in blatant violation

of federal law, but that sues a sovereign state for enacting a statute in

support of immigration enforcement practices that have already been upheld

by two of the nation’s highest courts. Perfect.

More From samD


7 years 36 weeks ago, 11:06 AM


TLtactical's picture

Major General
Join Date:
May 2010
Gilbert, Arizona, United States

Rhode Island is not on the border, and does not haev quite the problem we have in Arizona so the latin community is not as powerful and able to attack anyone there.. The public would shrug them off likely and laugh about it...

Besides, we are all the devil in Arizona since we want to start fizing the problems with our state and reduce some of this foolishness we have to deal with...

Best Regards TL “It is the mark of an educated mind to be able to entertain a thought without accepting it.” ---Aristotle Greek critic, philosopher, physicist, & zoologist (384 BC - 322 BC)
7 years 36 weeks ago, 11:38 AM


Builtf0rdtough's picture

Lieutenant General
Join Date:
Nov 2009
FL, United States

I LOVE AZ....wish FL adopted those laws...we need them too.

"Socialism is the philosophy of failure, the creed of ignorance, and the gospel of envy"-Winston Churchill
samD's picture
Posted by: samD
7 years 36 weeks ago

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