Arizona in the courts

The new law in Arizona making it legal for police officers to ask for immigration status if they have probable cause will soon be making its way through the courts. Some say it has no chance whatsoever of clearing legal challenges. Byron York, for one, is saying that the law was carefully crafted and could well pass muster.

The opponents are all up in arms over it, anyway, just in case it will be activate in a discriminatory manner.

So, here's my question. If the law passes constitutional tests, if the police enforce it only when genuine probable cause exists, then what will the opponents use to argue against it?

Doesn't their argument fall apart? Aren't they reduced to a simple open-border message? A message that would never win in a democratic system in this country?