Arizona Immigration Law Upheld By Supreme Court
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Chief Justice John Roberts (photo via Flickr).
The main argument centered around Arizona's state immigration law conflicting with federal immigration laws. The court concluded that federal law doesn't stop the state of Arizona from revoking business licenses from those who do not follow state law.
From POLITICO:
Chief Justice John Roberts wrote in the majority opinion that the court had come to its decision because “the state’s licensing provisions fall squarely within the federal statute’s savings clause and that the Arizona regulation does not otherwise conflict with federal law.”
The three dissenting judges were Stephen Breyer, Ruth Bader Ginsburg and Sonya Sotomayor, all liberal judges. The fourth liberal judge on the bench, Elena Kagan, recused herself from the case as she was solicitor general under the Obama administration before being appointed to the court.
The Desert Sun reported:
Breyer said the Arizona law upsets a balance in federal law between dissuading employers from hiring illegal workers and ensuring that people are not discriminated against because they may speak with an accent or look like they might be immigrants.
Employers "will hesitate to hire those they fear will turn out to lack the right to work in the United States," he said.
Business interests and civil liberties groups challenged the law, backed by the Obama administration.
The measure was signed into law in 2007 by Democrat Janet Napolitano, then the governor of Arizona and now the administration's Homeland Security secretary.
The holding also upheld part of the Arizona law that made using E-Verify, a program that allows employers to verify whether potential employees can legally work, mandatory instead of voluntary.
From The New York Times:
In his dissent, Justice Breyer said it was a mistake to require use of a “pilot program” that was “prone to error.”
Justice Sonia Sotomayor wrote a separate dissent. Justice Elena Kagan was recused from the case because she had worked on it as United States solicitor general.
“I cannot believe,” Justice Sotomayor wrote, “that Congress intended for the 50 states and countless localities to implement their own distinct enforcement and adjudication procedures for deciding whether employers have employed unauthorized aliens.”
View the full ruling here.
Comments
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I applaud this decision by the Supreme Court and hope that most states pass similar laws. Although, I would rather see federal legislation forcing all employers to use E-Verify for all employees. The federal SAVE Act would accomplish this.
Nothing in this law conflicts or preempts federal law, as the U.S. Chamber of Commerce and the U.S. Attorney General claimed. The court ruled the state is on "correct" legal grounds when state law mirrors federal law. This ruling may be a good indicator the SB1070 will be upheld.
Visit Numbers USA and ALIPAC websites and help fight illegal immigration.
A VICTORY FOR ALL JOBLESS AMERICANS
The American people finally have their interests recognized, by the Supreme Court of the land, asserting that Arizona's federal mandatory E-Verify was upheld. Today it’s a major accomplishments for the American workers and a killing stroke to the US Chamber of Commerce and an attempt by the Department of Justice to protect illegal aliens in the workplace. This will strengthen ATTRITION BY ENFORCEMENT in every business and control penalties with businesses that don't comply. It gives all states the right to implement and mandate the E-Verify program and open the door to hefty fines, loss of business licenses, assets and the risk of prison.
Other states will now follow the example of Arizona and those who don't, will be in the forefront of mass evacuations from these hard policing states to states as the Sanctuary State of California, Nevada and Utah. In a 5-3 victory the justices, repudiated the pro-illegal politicians, Governors, Mayors and lower ranks of leftist and Rino Republicans. Of course the Liberal judges didn't go along with this decision, which is to be expected?
ONE QUESTION THAT MUST BE ASKED, CAN ILLEGAL WORKERS USE A ITIN NUMBER INSTEAD OF A SOCIAL SECURITY NUMBER WITH OTHER DOCUMENTS? WILL THE ITIN NUMBER BE ACCEPTABLE AS E-VERIFY IDENTIFICATION, AS THE US GOVERNMENT KNOWS ILLEGAL ALIENS CAN USE THIS NUMBER AS THE IRS SUPPLIES IT?
Nothing will do more, including the fence, to reverse future illegal immigration occupation and accelerate the departure of the current 20 million illegal populations than taking away the job attraction. This is a significant win as other States following Arizona's lead, could have been crushed if the verdict had gone the alternative route. The American workers now have the impetus, to push the Congress and with the help of the monolithic Tea Party to mandate E-Verify nationwide. This will mean the propagation of E-Verify, with audits on all manner of business, including contractors and sub-contractors in every occupation. American labor must unite to uncover unscrupulous companies from large to small, who are using discount services. More and more patriotic Citizens and residents are joining other "Whistle Blowers" in contacting ICE and local police, of illegal aliens working in construction, manufacturing and thousands of other industries.
Another issue that many states see as a major peril to our sovereignty rights is illegal aliens using the absentee ballot system to vote in elections. New York, Colorado, New Jersey, Texas are being investigated by state Attorney General commissions. Acorn is still a major player and although dissolved on paper, is still involved in the registration racket. There are occurrences in California and Nevada of manipulation of voter rolls.
Can any American citizen or green card holder imagine what this country was like thirty years ago, before the illegal immigrant invasion? How many hundreds of billions of dollars, perhaps even a Trillion in three decades? Fewer illegal aliens meant fewer taxes to support the huge support mechanism that we have today? An example would be California, was a less congested place, where there was room to breathe? Just think were those taxes to subsidize illegal immigrants today could be highly beneficial, if it was spent on our own population. Education, for instance is forced on us, by a federal court that we must pay the schooling for every child of illegal immigrants. Then we have health care that the courts say, that anybody who breaks the law to come here is entitled to treatment. Remember in1912 the Titanic sunk, but not because of the iceberg above the Atlantic Ocean, but what was ominously concealed beneath the surface?
This is the same story with illegal immigration and the failure to place, 5000 "boots on ground. “of the each border States Nation Guardsman permanently? I was astounded to read a "Wikileaks" secret document, that the border is intentionally left open for the clandestine arrangement to merge Canada, Mexico and the United States. You have a chance to read these reports at Wikileaks website, under the headline, "Viewing cable 05OTTAWA268, PLACING A NEW NORTH AMERICAN INITIATIVE." This is a serious situation concocted by the Canadian Paul CELLUCCI and American Ambassador, which seems to never have been observed by Congress.
From both parties are hundreds of thousands, tens of millions finding that the TEA PARTY, doesn't discriminate against race or religion. That these people are delusion by the Liberals, democrats and Republicans, that are not doing enough to stop the in-sourcing of illegal immigrants or outsourcing of jobs to foreign countries. Cafta and Nafta was a massive mistake as the whole “FREE TRADE AGEEMENTS” have been detrimental to our society. We are importing everything from a nail file to steel, at far below the cost of doing business here? Once a lender of billions of dollars, we must now go cap in hand to Communist China, that owns our debts. We are the greatest market in the world, but our commerce is undercut by artificially engineering their currencies. The only winners in this commercial game are the importers of inferior products, who are profiting.
As Billionaire Donald Trump we should place a 25 % import tax on everything coming to our country, and begin to rebuild our manufacturing industries again. An intentional failure of every administration to secure our borders or enact laws that would obstruct foreign national at the border, or a tracking system to deport visa overstays. E-Verify will eradicate this problem of the issuance of a Secure Communities law, to enforce that every police department fingerprint and send those scans to ICE. If you want less government, a fair Tax system, individual responsibility and the return of federal excessive power to the states, join the Tea Party in your local area. Tell your Federal, State or local lawmaker, unless they join the TEA PARTY, they will be out of office in 2012.
Contact them at Senate—202-224–3121/ House—202-225–3121.
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