As the U.S. Supreme Court struck down most of Arizona’s SB 1070 anti-immigrant law this week, it declined to make a final decision regarding the constitutionality of a provision that requires police to detain an arrested individual until they can establish the person’s immigration status. Justice Kennedy, writing for the majority of the Court, recognized that police officers may resort to racial profiling to carry out this part of the law, which has been dubbed the “papers please” provision, but said that Arizona should have an opportunity to implement the law in a constitutional way.
