Monday, June 18th, 2018

Why the Scott Gardner Act is Unconstitutional…and a Bad Idea

"Immigration hardliners never hesitate to claim the mantle of “states’
rights” when defending laws like Arizona SB 1070. But those wanting
local cops to double as federal immigration agents were conspicuously
silent at a congressional hearing
on Wednesday on the Scott Gardner Act, a bill that (among other things)
would require police to run extra background checks on foreign
nationals arrested for drunk driving. Instead, it was pro-immigrant
members of Congress who had to remind the legislative sponsors that the
Constitution prohibits the federal government from imposing unfunded
mandates on states—all while explaining the many reasons why the bill
would make bad policy.

Named for a North Carolina father killed by an undocumented drunk driver, the