Morton's Fork

I'm a little concerned that a "show me your papers" bill will turn up in the Nebraska legislature again, now that this provision of Arizona's SB1070 has been upheld by the United States Supreme Court.  The Supreme Court also declared the other provisions of the Arizona law unconstitutional.  The net result is an unsatisfying predicament.  Here's what this decision means, as I read it:

1.  Arizona law enforcement officers can be required by law to investigate the immigration status of someone they lawfully detain for another offense, when the officer has a reasonable suspicion that the person may be an illegal alien. 

2.  If this inquiry reveals that the person is illegally in the United States, there is nothing the officer can do about that, because the State criminal violation for being in the country illegally has been overturned.

3. Oh, and by the way, if you detain the person too long in your attempt to comply with the requirement to investigate immigration status--a rather vague judgement call--you're going to be in trouble for violating his or her Constitutional rights (see pages 22-23 of the decision).

4. And don't forget, the provision in the Arizona law that creates a cause of action against the officer and agency by any Arizonan who believes the police are not being sufficiently diligent about investigating immigration status. That part was untouched by the decision.

What we have here is a Morton's Fork.  The police are left holding the bag.  The Supreme Court's decision is practically inviting a series of lawsuits against Arizona police officers.  Ironically, the Arizona bill was called the "Support Our Law Enforcement and Safe Neighborhoods Act." I've already heard a Nebraska state senator testing the waters on a similar proposition, and thus my concern.  The sensible thing to do, in my view, is to let the case law develop in Arizona and the 9th District, before dipping Nebraska's toes into this murky pool. A little more clarity for the officers on the street would be a mighty good thing.

Now, before the rant begins in the comments, let me re-emphasize:  in Lincoln, the process for every single person arrested for a crime serious enough that he or she is booked into jail includes notification to Federal authorities.  Each has his or her fingerprints and descriptors transmitted electronically to the Department of Homeland Security Immigration and Customs Enforcement for a check against their database. That is the way it has been for a good long time.