The Spanish Prisoner: The Unequal Burdens of Arizona's Immigration Law

Bolton's injunction, which she issued in response to a lawsuit by the Obama administration, focuses on the concern that such inquiries would "divert resources from the federal government's other responsibilities and priorities," including "national security objectives." But as other challenges to Arizona's law emphasize, investigating the immigration status of anyone suspected of being "unlawfully present in the United States" also imposes a burden on people who seem foreign, especially Latinos who are here legally but are superficially indistinguishable from those who are here illegally.

Because of the mandate to identify unauthorized residents, minor offenses that police otherwise might overlook -- crossing in the middle of the street, or driving with a broken tail light or slightly above the speed limit -- become excuses for stops. Brief stops become long stops. Warnings become citations. Citations become arrests. People who would have been cited and released for a misdemeanor such as marijuana possession, underage drinking or disorderly conduct are instead locked up until their immigration status can be verified.

In addition to foreign tourists, Bolton noted, these escalating deprivations of liberty would affect asylum applicants, "people with temporary protected status, U and T non-immigrant visa applicants (and) people who have self-petitioned for relief under the Violence Against Women Act."

Even legal permanent residents and U.S. citizens -- who are under no obligation to carry Arizona-approved identification but could be detained if they don't -- would be subject to "distinct, unusual and extraordinary burdens" because of the way they look and sound. How would that look and sound to people who thought Americans believed in equality before the law?

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