Friday, May 27, 2011
Today, the Supreme Court ruled that Arizona was within its rights to require employers to check the legal status of their workers before hiring.
The U.S. Chamber of Commerce brought a lawsuit against the state over the legal measure on the grounds that enforcement of E-Verify Laws was exclusively in the purview of the federal government.
Surprisingly, the four Justices who sat on the U.S. Supreme Court, tipped their hand when they gave clear and obvious signs at oral argument that they were inclined to rule in favor of the appellant (Arizona).
The final decision was 5 - 3.
Justice Elena Kagan did not vote in the case because of a potential conflict.
Kagan bowed out on the grounds that her previous position as Solicitor General in the Obama administratio
precluded herself from participating in the landmark case.
Although sweeping immigration reforms (instituted in 1986) barred most States the right to enforce immigration laws, there was a loophole which the appellants were able to drive a spike through.
Lawmakers left one clause in 1986 pertaining to “all licenses necessary to operate the businesses" which cinched it for Arizona in a nutshell.
John Roberts noted in his "Opinion" on behalf of the U.S. Supreme Court that Arizona is entitled to enforce its employment-verification requirement through licensing laws which turns out to be a clear opening for other states similarly situated.
“We hold that Arizona’s licensing law falls well within the confines of the authority Congress chose to leave to the states and therefore is not expressly preempted,” Roberts wrote with a nod from his peers on the Court.
In the wake of the ruling, it is anticipated that other states will now follow suit, to put a lid on the hiring of illegal immigrants in the United States which has been escalating out-of-control over the past year.
The high court’s findings in respect to the narrower employer-focused law signals that states have some leeway in passing laws similar to Arizona’s now-infamous immigration law.
A federal E-Verify requirement law is also in the works.
“I am pleased the Supreme Court has ruled in favor of the Arizona E-Verify law and their right to revoke business licenses for employers that knowingly hire illegal immigrants. Not only is this law constitutional, it is commonsense," beamed House Judiciary Committee Chairman Lamar Smith (R-Texas) who is introducing the measure on the Federal level.
On the heels of this ruling, some Arizona lawmakers are hopeful that another case going before the U.S. Supreme Court in the near future, requiring that local law enforcement officers check for the legal Immigration Status of an arrestee will be successful as well.
News at 11!