( CNN ) -- With her signature Friday on Senate Bill 1070 , Gov . Jan Brewer launched Arizona into a maelstrom of national controversy , community conflict and extreme fiscal risk . In doing so , she failed a basic test of courageous leadership -- recognizing and acting responsibly when political symbolism and populist pandering crosses into dangerous policy . The governor should have known better , if only because recent history demonstrates the folly in enacting measures like Arizona 's SB 1070 . SB 1070 will be subject to multiple legal challenges , and the state will devote precious resources to defend a law that has so many serious constitutional flaws that it will likely never be implemented . The neighboring state of California faced this circumstance 15 years ago when Gov . Pete Wilson championed Proposition 187 , enacted by voters in November 1994 . Over half a dozen lawsuits were on file within days of the law 's passage . A federal court soon enjoined all but two minor sections of the initiative , and the vast bulk of the law never took effect . Yet , California not only paid a lot of state lawyers to defend these suits -- and ultimately paid much of the plaintiffs ' attorneys ' fees as well -- but also had to divert bureaucrats throughout state government from their other tasks to analyze and plan how to implement a law that could never be implemented . Today , California could certainly use the tens of millions of dollars expended so many years ago vainly defending Proposition 187 . Moreover , even though Proposition 187 was never implemented , California suffered other repercussions besides the waste of limited state financial resources . Community conflict increased as some interpreted the initiative 's passage as license for private individuals to harass and interrogate those they believed to be undocumented , which then , as now , was usually based on racial stereotype . In addition , support of Proposition 187 did not help Pete Wilson 's political career , as naturalizations rose and an increasing number of angry Latino voters mobilized to oppose the governor and the political party that championed such a negative initiative . Today , so many years later , the political sins of Wilson continue to be visited upon the heads of California politicians from his political party . Coincidentally , Arizona 's SB 1070 suffers from many of the same constitutional flaws as California 's Proposition 187 . In particular , the claim that felled the California initiative applies in even greater measure to the Arizona bill . The federal court struck down Proposition 187 as an unconstitutional attempt to regulate immigration , which is a role that belongs exclusively to the federal government . SB 1070 is an even more direct attempt to establish the state 's own immigration law and enforcement scheme . Indeed , what we have seen since Friday is the usual pivot by those who propose and support unconstitutional laws like SB 1070 . Sen. Russell Pearce and others who support the bill are now arguing it does nothing but reiterate existing federal law and that the law is legitimate because police officers always had `` inherent authority '' to enforce federal immigration law . Their assertions are dubious as a legal matter because of the very weak support for the `` inherent authority '' notion and because , in the area of immigration , the states lack even the right to duplicate federal law word-for-word . Beyond this , I am certain that neither Sen. Pearce nor Gov . Brewer would actually go into their next election campaigns asserting they expended significant time and state resources on a bill that does nothing to change existing law and authority . They and other proponents have at various times maintained , in more or less blatant contradiction of their rhetorical defense of the law 's constitutional propriety , that SB 1070 is a much-needed change in current law that will strengthen Arizona . In fact , the pre-enactment characterization more accurately reflects the bill 's effects : SB 1070 would dramatically change every Arizonan 's daily experience , especially anyone whose appearance , name , language or accent fits the stereotype of the undocumented . It is this invitation or direction to police to engage in racial profiling , together with the state 's unconstitutional attempt to regulate immigration , that makes it unlikely that SB 1070 can ever be implemented . Nonetheless , Arizona will experience extreme and dire consequences , just as California experienced a decade-and-a-half ago . The opinions expressed in this commentary are solely those of Thomas A. Saenz .
New immigration law follows in footsteps of California 's Prop . 187 , says Thomas Saenz . He says California found that its attempt to control immigration was pre-empted by federal law . Saenz says Arizona will have to expend resources to administer and flawed legislation .