Not surprisingly, the 9th U.S. Circuit Court of Appeals today refused to lift its stay on the enforcement of much of Arizona’s controversial anti–illegal immigration bill, SB 1070. The law, scheduled to take effect last July, would have allowed police, in certain circumstances, to ascertain the immigration status of persons stopped for other violations. The U.S. Justice Department sued, saying immigration enforcement is exclusively a federal responsibility.

The issue will remain in limbo until it is finally heard and ruled upon by the U.S. Supreme Court. To date, no one has adequately explained what states with serious illegal immigration problems are to do when the federal government fails to enforce the law while at the same time denying that option to the states.

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