In Arizona v. the United States, decided June 25, 2012, the United States Supreme Court held that Federal power preempts States’ rights regarding the enforcement of immigration laws. The U.S. Supreme Court decision struck down the provisions of the Arizona law that made it a state crime to hire illegal aliens and be in violation of federal immigration law, but allowed the arrest and detention of persons suspected to be deportable know as the “papers please” provision. It is now constitutional for State law enforcement officials to check the status of people who, with reasonable suspicion, may be an illegal immigrants.
In short, ever since Justice Sandra Day O’Connor decided that being held incommunicado for 72 hours is not unconstitutionally, State law enforcement can detain anyone without a warrant for 72 hours. Of course, it’s doubtful that Justice O’Connor ever spent the night in the Fulton County jail. I would expect that illegal immigrants arrested for DUI in Georgia can expect to be held for 72 hours to see if ICE will come to get them. Only time will tell how the practical application of this precedent will be implemented at the State level.