the Ninth Circuit rejected Arizona’s claim that the law required determination of immigration status only if there was reasonable suspicion that the arrestee was an undoc. Instead, the law requires determination of immigration status of EVERY person arrested.

    So, in other words, if you are a pasty white guy arrested for solicitation in Arizona, they can’t release you until they see if you have the proper papers.

       Once the law is read this way, there is almost no argument that it is constitutional, and the law professor who drafted it will have to take the blame for woeful drafting.


From the opinion:


"We agree with the district court that the reasonable suspicion
requirement in the first sentence does not modify the
plain meaning of the second sentence. Thus, Section 2(B)
requires officers to verify—with the federal government—the
immigration status of all arrestees before they are released,
regardless of whether or not reasonable suspicion exists that
the arrestee is an undocumented immigrant."