If the Arizona law is constitutional, which I believe it is, is it up to the DHS to determine it isn't and refuse to enforce it?
I would think it poses some constitutional issues including separation of powers and state's rights, particularly as the law isn't intended to encroach on Federal law.
A top Department of Homeland Security official reportedly said his agency will not necessarily process illegal immigrants referred to them by Arizona authorities.
John Morton, assistant secretary of homeland security for U.S. Immigration and Customs Enforcement, made the comment during a meeting on Wednesday with the editorial board of the Chicago Tribune, the newspaper reports.
"I don't think the Arizona law, or laws like it, are the solution," Morton told the newspaper.
The best way to reduce illegal immigration is through a comprehensive federal approach, he said, and not a patchwork of state laws.