On Sunday’s Face the Nation, Attorney General Eric Holder left open the possibility of another lawsuit against Arizona’s SB 1070 if it goes into effect, in
“„Supporters and opponents of S.B. 1070 assume that racial profiling is unconstitutional, largely because many Americans believe that it ought to be. In fact, the U.S. Supreme Court has approved the racial profiling permitted — indeed encouraged — by S.B. 1070.
“„In a 1975 case regarding the Border Patrol’s power to stop vehicles near the U.S.-Mexico border and question the occupants about their citizenship and immigration status, United States v. Brignoni-Ponce, the high court ruledthat the “likelihood that any given person of Mexican ancestry is an alien is high enough to make Mexican appearance a relevant factor.” In 1982 the Arizona Supreme Court agreed, ruling in State v. Gracianothat “enforcement of immigration laws often involves a relevant consideration of ethnic factors.” …
“„Brignoni-Poncehas resulted in immigration enforcement that many contend is race-based and in violation of the U.S. Constitution. In caseafter case, in states including Florida, Iowa and New York, defendants arguing that Border Patrol stops constituted unlawful searches and seizures under the Fourth Amendment have encountered claims by the U.S. government — including the current administration — that “Mexican” or “Hispanic” appearance, along with other factors, justified an immigration stop. Border enforcement officers regularly admit in court that “Hispanic appearance” is one reason for an immigration stop.