Department of Corruption

Why is the Justice Department (DoJ) filing suit against Arizona over the state's new immigration law? It's probably motivated by the upcoming elections. I say that because if the case goes to the Supreme Court, the DoJ can't win! The Supreme Court has already ruled in a very similar case. In 2005 the Supreme Court ruled that questioning someone who's already in custody on their immigration status does not violate the Fourth Amendment. The summary of the ruling, found on Cornell Law's website is pretty straightforward. Full text for the ruling can be found on that page.

2. The officers’ questioning of Mena about her immigration status during her detention did not violate her Fourth Amendment rights. The Ninth Circuit’s holding to the contrary appears premised on the assumption that the officers were required to have independent reasonable suspicion in order to so question Mena. However, this Court has “held repeatedly that mere police questioning does not constitute a seizure.” Florida v. Bostick, 501 U.S. 429, 434. Because Mena’s initial detention was lawful and the Ninth Circuit did not hold that the detention was prolonged by the questioning, there was no additional seizure within the meaning of the Fourth Amendment, and, therefore, no additional Fourth Amendment justification for inquiring about Mena’s immigration status was required. Cf. Illinois v. Caballes, 543 U.S. Pp. 7—8.

So why even pursue the case? They will lose. Unless overturning the law isn't their objective. If their objective was to make some noise, and show the Latino population who's on which side of the immigration debate, then they're succeeding.

Latino voters, consistently in the Democratic bag, aren't excited like they were in 2008. According to a recent CNN article, 2010 could have a very low Latino turnout, because Latinos aren't happy with the party in power.

In a year where the Democrats badly need support to avoid heavy losses in both Houses, isn't it convenient that the DoJ is making it so clear where the Democrats stand on illegal immigration? With 50 million Latino votes in the country, excitement in the Latino community for the Democrats could be the 11th hour rescue for the incumbent party.

This filing by the DoJ comes at a time close enough to the midterms to at least raise some eyebrows. The DoJ could very well be filing this suit just to draw the battle lines, and to drum up attention. They can't win the case, but they can win attention.