Patrick J. Charles (Government of the United States of America - Air Force) has posted Weighing the Constitutionality of State Immigration Verification Laws in the Wake of Arizona V. United States (Journal of Civil Rights and Economic Development, Vol. 27, 2013) on SSRN. Here is the abstract:
-
In the wake of Arizona v. United States, it is settled that state immigration verification laws like Section 2(B) are facially constitutional. At the same time, the Supreme Court did not foreclose that Section 2(B) could be preempted in terms of its application, nor did the Court shield the law from subsequent civil rights litigation. Thus, the question moving forward is under what circumstances, if any, can Section 2(B) be held unconstitutional moving forward? The question is important not only for unlawful immigration impacted states like Arizona, but to a number of states that have enacted similar laws.
