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SCOTUS Backs AZ On Illegal Alien Hiring

From a deeply saddened CNN:

Supreme Court backs Arizona immigration law that punishes businesses

May 26, 2011

Washington (CNN) — The Supreme Court has backed an Arizona law that punishes businesses hiring illegal immigrants, a law that opponents, including the Obama administration, say steps on traditional federal oversight over immigration matters.

The 5-3 ruling Thursday is a victory for supporters of immigration reform on the state level…

You would think the Democrats on the court would want to "punish businesses" at every opportunity. But apparently, not.

The hiring case turned on whether state law tramples on federal authority.

"Arizona has taken the route least likely to cause tension with federal law," wrote Chief Justice John Roberts. "It relies solely on the federal government’s own determination of who is an unauthorized alien, and it requires Arizona employers to use the federal government’s own system for checking employee status."

Arizona passed the Legal Arizona Workers Act in 2007, allowing the state to suspend the licenses of businesses that "intentionally or knowingly" violate work-eligibility verification requirements. Companies would be required under that law to use E-Verify, a federal database to check the documentation of current and prospective employees

This would be a major step forward in staunching the flow of illegal aliens into our country, if it would be enforced across the fruited plain.

The U.S. Chamber of Commerce filed a lawsuit against the state, arguing federal law prohibits Arizona and other states from making E-Verify use mandatory…

Even the involvement of the evil Chamber Of Commerce wasn’t enough to sway the court’s Democrats.

The group was supported by a variety of civil rights and immigration rights groups. The state countered that its broad licensing authority gives it the right to monitor businesses within its jurisdiction.

The Obama administration recommended a judicial review, and sided with businesses and civil rights groups…

Gosh, what a shock. It must be part of their focus on creating and saving jobs.

A 1986 federal act significantly limited state power to separately regulate the hiring and employment of "unauthorized" workers. An exception was made for local "licensing and similar laws." Under the law, employees are required to review documentation to confirm someone’s right to work in the United States, including checking the familiar I-9 immigration form. Civil and criminal penalties were strengthened, but businesses making a "good faith" effort to comply with I-9 procedures were generally immune from prosecution.

Roberts, backed by his four conservative colleagues, said "Arizona went the extra mile in ensuring that its law tracks (the federal law’s) provisions in all material aspects."

In dissent, Justice Sonia Sotomayor noted E-Verify is a voluntary program, and said criticism that the federal government is not doing enough to enforce the law is irrelevant.

"Permitting states to make use of E-Verify mandatory improperly puts states in the position of making decisions … that directly affect expenditure and depletion of federal resources," she wrote. Justices Stephen Breyer and Ruth Bader Ginsburg also dissented.

And never mind that this does not make one lick of sense. And never mind that the costs of illegal aliens, using services and taking jobs from taxpayers, costs the federal government and the states astronomically more than any number Ms. Sotomayor can make up.

The ‘wise Latina’ has to look out for ‘her people.’

Justice Elena Kagan did not participate in the case, since she had been the administration’s solicitor general last year when the case was being appealed to the high court

Of course if she would have made a difference, she wouldn’t have recused herself.

Well, let’s hope that this is just a sample of future immigration rulings to come.

This article was posted by Steve on Thursday, May 26th, 2011. Comments are currently closed.

6 Responses to “SCOTUS Backs AZ On Illegal Alien Hiring”

  1. Right of the People says:

    Thank the good Lord there is still an iota of common sense left. There are already a ton of laws on the books like the one below if only they would just enforce them and get some immigration judges with the cajones to put away the alien felons instead of releasing them.

    “Under the law, employees are required to review documentation to confirm someone’s right to work in the United States, including checking the familiar I-9 immigration form.”

    Speaking of the I-9, every government employee is forced to submit one verifying their citizenship including even the Commander-in-Chief. Where is the boy king’s I-9? BTW there is a section on there stating that if you lie about your status it is perjury and punishable by jail and fines.

  2. JohnMG says:

    …..”In dissent, Justice Sonia Sotomayor noted E-Verify is a voluntary program, and said criticism that the federal government is not doing enough to enforce the law is irrelevant…..”

    Ah, yes. Finally we get to see what type of decision-making prowess we can expect from a “wise Latina” on the Supreme Court.

    I’d like to see her compete on an episode of “Chopped”. Her efforts would be the equivalent of ‘Ham and Lima Beans’ from a box of C-rations. And the after effects would smell about the same.

  3. Mae says:

    How any justice or lawmaker could, in all conscience, believe that illegal aliens should have preference over American citizens for jobs, housing, medical care, schooling…oh, yeah, right…no conscience.

  4. beefeater says:

    Next up get SB1070 out of the hands of the 9th circus. This ruling should set a precedence for allowing states to enforce Federal Immigration Law, which is all we want.

  5. Mithrandir says:

    NOW Arizona needs to use E-Verify to check: students at public schools, rental contracts, hospitals, etc.

    ~Just wait until the liberals decide to scrap E-Verify at the federal level claiming, “It’s unfair, and a burden to employers.”

    …..just wait, they will castrate this program since it is actually going to be used for something good.


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