posted on Apr, 26 2010 @ 06:55 PM
The ACLU certainly has a valid argument in saying that state and local governments do not have the authority to control the federal borders and deal
with illegal immigrant (the INS, among other departments, takes care of that). However, the lack of enforcement on the border and the inability to
come up with a solution by the federal government has forced state officials into a corner where they have to act in order to protect their perceived
economic interests.
In my view, the ACLU will probably not win this argument given the prevailing trend towards conservatism in America and the fact that while English as
the official language provisions may not be the best approach to dealing with illegal immigrants, the voter and the citizen in America always look for
strong leaders in spite of their politics. Legally, the ACLU case is stronger because the federal government should be taking care of this but courts
are not insulated and their is a trend toward state activism on issues like illegal immigration.