American courts have ruled that the act of being an illegal alien is not a crime in itself.
With that it is going to be difficult to establish probable cause of a crime based simply on how someone looks.
This Arizona law is brand new. It makes being present in the State illegally a crime entirely separate from any Federal laws.
No “American court” has ruled on it, so it must be considered the law of the land unless/until it is struck down. So the burden of probable cause of a crime being committed is easily met.
Not that difficult. Using reasonable suspicion to conduct a lawful stop(reasonable suspicion requires less proof than probable cause) someone can be pulled over for as little as weaving in their lane or a license plate bulb burned out.
As long as a valid reason can be articulated.. the next question is “license and insurance please”...if you don’t have that or it looks fake, they would have likely have probable cause to ask citizen status. Reasonable suspicion often leads to probable cause.( Kind of like a “Terry frisk” leading to discovery of a gun leading to a felony arrest for felon in possession of a gun.) Or “in plain view” leading to a drug arrest from a simple speeding stop.
This aside, what’s the problem with states enacting their own laws?
IMHO,comparing illegal aliens who are committing a crime to holocaust victims is ludicrously trashy.
You sneak into my house by the back door and you've committed a crime, despite what some knuckleheaded judge has said.
That's the crux of this issue.
Why don't you come on down to visit me for a few days. I think it would be an eye-opener for you.
And, as for comparing this to the mid-twentieth century dictators? Sheesh, talk about a strawman argument.