Sounds to me like Sotomayor is asking the right questions. I have hopes for her - none for Hagan, since she has yet to recuse herself from the Obamacare decision. If ever an issue existed for a Supreme Court Justice to recuse, it would be Obamacare.
I don't want to get into the legalities, but it looks like the USSC is going to uphold some of this Arizona law. Even if they don't, Arizona law requires employers to E-Verify employment as WAS upheld by the Supremes in 2011 (a huge States' rights decision).
That alone, has had a measurable impact on Arizona. They are experiencing a mass migration back to Mexico and/or other more myopic "tolerant" States. If every State passed such legislation (some have and others are looking), the illegals would be migrating even more out of the USA, and employers would be forced to hire Americans. I'm good with paying a few more dollars for goods and services if citizens hold those jobs. Think economic growth. More money for Americans the more they spend on consumable and durable goods the more we climb out of stagflation.
As a long time illegal immigration opponent for over (2) decades (FAIR member from 1987), I've always believed that if we stop the attraction for jobs by requiring employers to verify and absorb penalties for not doing so, the illegals will have to look elsewhere. While I wish we had built the wall, and I joined the Minutemen in Arizona in 2005, the biggest impact has been the E-Verify system.
The States are finally getting fed up with the Fedgov not doing it's immigration duties and infringing on States' rights in other matters as defined in the 9th and 10th Amendments. Certain States give me hope. Arizona is a leader.
Parts of the law have already been upheld by the federal courts and are in force now. If you read the transcript, the legal issue is preemption. AZ is enforcing federal law more rigorously than the Feds like. Under the AZ law, they identify the illegals and notify the Feds who can take whatever action they want when it comes to removing them. The AZ laws mirror the Fed laws so it is not a matter of the Supremacy clause. Congress can pass a law that provides preemption, but none exists now. Schumer wants to change it. In any event I recommend everyone interested read the transcript. It is a hoot.
The government's defense was shreded by Scalia and Roberts. The states have the right to inquire from the Federal government about immigration status and the Feds must provide it. The Feds are concerned about the AZ priorities of enforcement and the ability of the Feds to respond, i.e., the workload and resources. AZ will be producing too many removeables and not the kinds of people the Feds (under Obama) want to remove. That places them in the box of not enforcing the law even when they have the names of the violators.