Legal eagle: SB1070 will survive challengesby Jim Cross/KTAR (June 3rd, 2010 @ 7:14am)

PHOENIX -- ABC legal analyst Royal Oakes believes Senate Bill 1070, Arizona's new immigration law, will stand up to courtroom challenges, although he says, "It's going to be a long drawn-out process."

The law, which takes effect July 29, is being challenged as unconstitutional and on grounds that it will lead to racial profiling as police ask the immigration status of people they have reasonable suspicion may be in the United States illegally.

When it comes to the racial profiling claim, Oakes said, "The bill could not be more clear. It bans racial profiling. Critics, however, say, `Well, okay, it's fine to ban it. But, if you're a police officer, don't you have the power now to stop -- say 90 out of 100 people -- as they drive by?`"

As for claims that it's unconstitutional, he said, "The Fourth Amendment guarantees against unreasonable searches and seizures. The 14th Amendment allows everybody equal protection and due process rights. Some people say that this law gives police so much power that, really, it tramples on those constitutional rights."

Oakes sees as the biggest challenge: "Does Arizona even have a right to pass a law like this or is it exclusively the power of the federal government to regulate immigration?"