Judge Bolton argued, “Certain categories of people with transitional status and foreign visitors from countries that are part of the the Visa Waiver Program will not have readily available documentation of their authorization to remain in the United States, thus potentially subjecting them to arrest or detention, in addition to the burden of the possibility of inquisitorial practices and police surveillance,” the judge said.
“Visa Waiver Program”? As of 2009, there were 35 nations on the list. Greece was recently added to this list. Travelers from these nations may enter the U.S. without a Visa, as long as they have a valid passport. They are:
and the United Kingdom.
Is it even realistic to imagine that any genuine tourist from any of these nations would have trouble producing their passport? How likely is it that the Arizona police would arrest a real tourist? It is an obscure possibility that works better as a joke than a legal argument in a court of law. Is this the best legal thinking we can produce? When this case goes to the Supreme Court will there be enough sound thinkers on the nation’s highest court to correct this travesty of justice? I really don’t know because as much as they can get away with it, they just make up law as they go along. Just make it up. To quote Michael Savage, “The stench from the bench is making me clench!”