The Law Prof on Arizona's New Law

Reason strikes again!

Nothing in the law authorizes stopping people because of their skin color. The law simply provides guidelines as to what is permissible in accordance with federal law, and the procedures that should be used.

Could the law be abused? Sure, so can any law.

Claims of "driving while black" and other racial profiling have abounded for decades. But we don't eliminate the enforcement of traffic laws just because some police racially profile; instead we educate and discipline police who use racially neutral traffic laws for racial purposes. Why should the immigration laws be any different?

If you want to argue that the law is not sound on civil liberties grounds, do so. If you want to argue that as a matter of public policy local governments should not enforce the immigration laws, then make that argument.

But the one argument which is not legitimate is that the law is racist. Because it is not.