PHAM & CLOVES, PLLC

On April 23, 2010, Arizona Gov. Jan Brewer signed the  toughest immigration law.  The new AZ law making illegal immigration a state crime and requiring police to question people about their immigration status if officers suspect they are in the U.S. illegally.  This is beyond the scope of U.S. federal law and will create racial profile.  Supporters often argue that the U.S. Constitution allows state and federal government to regulate non-citizens in our border; however, there must be balance.  The U.S. Constitution also protect the right to privacy and protect all persons within our border against discrimination.  In particular, the 14th Amendment provides Due Process.  The new AZ immigration law will create racial profiling that not even the Immigration & Nationality Act (INA) provide; and thus, it is over-reaching and also in violation of the Due Process Clause.  Folks, we either believe in ALL of the Constitution or none at all.  We cannot cherry-pick the Constitution.