I don't pretend to be a legal scholar, so I don't know what the courts will say about the technical legal issues as far as the federal govt and the state etc. I do know that the opposition to the law is based on politics, not legal reasoning, as the folks challenging it (holder and the other scum) said that it was unconstitutional and that they would challenge it before they even actually read the thing.
It appears the law is having it's intended effect even before it goes into effect. Good for AZ. If other states want to be stupid and welcome illegals with open arms *cough* California *cough*, have at it, this is a good opportunity for them to test that supposed net benefit illegals bring to the economy. We'll see how that works out for them. In the meantime, they are leaving AZ, so that's good. Each state that wants to help rid itself of the illegals should pass the same law.
Sadly enough, Kahleeforneeya has a similar law already on the books...it's just never been enforced. It was part of the Prop 187 laws...many of which have been shot down by the courts...but Kahleeforneeya just chooses not to enforce the portions that deal with verifying the immigration status of those who come into contact with law enforcement. Kahleeforneeya's law requires immigration status be checked after an arrest, while Arizona's law requires such a check during any type of contact.
"The California law is spelled out in California Penal Code Section 834(b):
(a) Every law enforcement agency in California shall fully
cooperate with the United States Immigration and Naturalization
Service regarding any person who is arrested if he or she is
suspected of being present in the United States in violation of
federal immigration laws.
(b) With respect to any such person who is arrested, and suspected
of being present in the United States in violation of federal
immigration laws, every law enforcement agency shall do the
following:
(1) Attempt to verify the legal status of such person as a citizen
of the United States, an alien lawfully admitted as a permanent
resident, an alien lawfully admitted for a temporary period of time
or as an alien who is present in the United States in violation of
immigration laws. The verification process may include, but shall not
be limited to, questioning the person regarding his or her date and
place of birth, and entry into the United States, and demanding
documentation to indicate his or her legal status.
(2) Notify the person of his or her apparent status as an alien
who is present in the United States in violation of federal
immigration laws and inform him or her that, apart from any criminal
justice proceedings, he or she must either obtain legal status or
leave the United States.
(3) Notify the Attorney General of California and the United
States Immigration and Naturalization Service of the apparent illegal
status and provide any additional information that may be requested
by any other public entity.
(c) Any legislative, administrative, or other action by a city,
county, or other legally authorized local governmental entity with
jurisdictional boundaries, or by a law enforcement agency, to prevent
or limit the cooperation required by subdivision (a) is expressly
prohibited.
I understand some Law Enforcement agencies do follow this law...but not nearly enough.