Sen. Charles E. Schumer (D-N.Y.) will announce the fallback legislation at a hearing on the Arizona law Tuesday, a day before the Supreme Court hears oral arguments in a suit to determine whether Arizona had the authority to enact the 2010 state crackdown.
The legislation would have little chance of passing in a stalemated Senate or being approved by a GOP-held House, but it would allow Democrats to push their electoral advantage with Latino voters just as the presidential campaign heats up in July.
The plan is to allow Democrats a route to express displeasure with the Arizona law if the court allows it to stand, and it would force Republicans to take a clear position on the law during the height of the presidential campaign. The immigration law is deeply unpopular with Latino voters, who could be key to the outcome of the presidential and Senate races in several Western states.
CONTINUED at the Washington Post.