‘It turns out that Rhode Island has long been carrying out the procedures at issue in the Arizona immigration statute: As a matter of routine, RI state police check immigration status at traffic stops whenever there is reasonable suspicion to do so, and they report all illegals to the feds for deportation. Besides the usual profiling blather, critics have trotted out the now familiar saw that such procedures hamstring police because they make immigrants afraid to cooperate. But it turns out that it’s the Rhode Island police who insist on enforcing the law. As Cornell law prof William Jacobson details at Legal Insurrection, Colonel Brendan P. Doherty, the state police commander, “refuses to hide from the issue,” explaining, ”I would feel that I’m derelict in my duties to look the other way.”
If, as President Obama and Attorney General Holder claim, there is a federal preemption issue, why hasn’t the administration sued Rhode Island already? After all, Rhode Island is actually enforcing these procedures, while the Arizona law hasn’t even gone into effect yet.’
Andy McCarthy, writing in The Corner
