Judge Posner on Scalia's Dissent in Arizona v. United States

Scalia's screed on immigrants needs sourcing
Richard A. Posner
Arizona Daily Star
June 28, 2012

I have read Arizona v. United States and was particularly struck by Justice Antonin Scalia's opinion dissenting from the part of the decision that invalidated several provisions of the Arizona law.

Scalia is very concerned with the fact that the Obama administration recently announced a program suspending deportation efforts directed at more than 1 million illegal immigrants under the age of 30.

He quotes President Obama as having said that the program was "the right thing to do." Scalia says that it "boggles the mind" to think that Arizona could be contradicting federal law by enforcing applications of federal immigration law "that the president declines to enforce."

He says that the federal government "does not want to enforce the immigration laws as written, and leaves the states' borders unprotected against immigrants whom those laws would exclude." The federal government is "refus[ing] to enforce the nation's immigration laws."

These are fighting words.

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