Not moot. Sheriff Joe or any other Storm Trooper can't just "tag" someone and say, "You're illegal."
4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
7th Amendment
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
And until those rights are fully exercised:
1st Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Deportation can be a long process if the accused wishes to fight it.
From FOX News
"...But those in the third category will be placed into removal "proceedings" before a federal immigration judge. That judge then has the discretion to order them deported or grant some form of relief to remain in the U.S.
"They're afforded due process," a federal immigration official said.
And that process can take a while. According to a report last fall by the Transactional Records Access Clearinghouse, it took an average of 280 days for the immigration courts to act on cases in fiscal 2010, the last year for which data was available."
Read more:
http://www.foxnews.com/politics/2011/06/21/feds-announce-mass-arrest-illegal-immigrants/#ixzz2UvcDxHkX