US Supreme Court Upheld Arizona's Legal Arizona Workers Act
The United States Supreme Court on Thursday, May 26, 2011 upheld Arizona's Legal Arizona Workers Act (2007), which allows the State of Arizona to levy penalties against businesses - potentially including revoking their licenses - if they are found to have hired undocumented workers.
The 5-3 decision upholds the Legal Arizona Workers Act of 2007 and its so-called business death penalty for employers who are caught repeatedly hiring illegal immigrants. The state law also requires employers to check the federal E-Verify system before hiring new workers, a provision that was also upheld Thursday.
Civil rights and business groups challenged the law, arguing that it conflicted with federal immigration policy. The 5-3 decision, however, concluded that the law fits Congress' definition of what states can do because the enforcement involves a state license.
Arizona Attorney General Tom Horne said the decision "is a favorable portent for Arizona's case in the SB1070 case. In the (E-Verify) case, it was argued that federal law preempts Arizona's efforts to be sure that employers check the citizenship status of employees." The Obama administration opposed both measures.
The fact that the Supreme Court found no preemption in the E-Verify case "should be a favorable indication for legal principals that will be applicable when the SB1070 case reaches the U.S. Supreme Court," Horne said in a news release.
Supporters of the law say that Thursday's decision is a major victory for those who understand that removing the lure of jobs is a major key to solving our illegal immigration crisis.
Jennifer Allen, executive director of Border Action Network, a human rights organization in Arizona, stated that the decision was dangerous. "Arizona's residents and businesses have suffered enough in the wake of unnecessary immigration enforcement legislation. This decision will only exacerbate those struggles ... and erode the civil rights of job seekers, who could now be denied an employment opportunity because of their last name," she said.
Supreme Court on Thursday gave Arizona and other states more authority to take action against illegal immigrants and the companies that hire them, ruling that employers who knowingly hire illegal workers can lose their license to do business.
The court's decision did not deal with the more controversial Arizona law passed last year that gave police more authority to stop and question those who are suspected of being in the state illegally. But the ruling is likely to encourage the state and its supporters because the court majority said states remained free to take action involving immigrants. As the image of the poster at the beginning of the article says, many in Arizona believe that they are doing the job the federal government won't do by being touch on illegal immigration.
Thursday's decision is a defeat for the U.S. Chamber of Commerce, several civil-rights groups and the Obama administration, all of whom opposed the Arizona law and its sanctions on employers. They argued that federal law said states may not impose "civil or criminal sanctions" on employers.
Books on Immigration
Finding Manana: A Memoir of a Cuban Exodus
by Mirta Ojito
Penguin Press, 2005
The Mariel Boatlift of 1980 brought 125,266 Cubans to the United States. The influx was not officially sanctioned by Jimmy Carter’s government, and Fidel Castro won the public relations war when he claimed that most of those who left Cuba for America were criminals and other anti-social elements. The boatlift was instrumental (along with a declining economy and the fiasco of the failed mission to rescue hostages in Iran) for Carter’s unsuccessful reelection bid. While numerous historical accounts exist of the boatlift, Mirta Ojito provides a personal and humanistic account of this singular event in the troubled U.S.-Cuba relationship.
Ojito, who became a Pulitzer Prize-winning journalist for The New York Times, writes with an eye for the small details that bring the essentially element of verisimilitude to the narrative. There is humanity as well in Ojito’s descriptions of brave souls such as Sanyustiz and Mike Howell, the captain of Mañana, the boat which brought Ojito’s family to Florida.
By alternating between the broad sweep of Cuban-American political relationship and the more personal relationship of a person to her native soil, Ojito has written a poignant account of what it is to be young and Cuban and caught in the eddy of a historic exodus. In this book, the heroes are not the political leaders. The true heroes are the people who take risks and make hard moral choices – people such as Sanyustiz and Howell.
It is published by the Law Offices of Curtis Pierce, 213-327-0044.
Disclaimer: The information contained in this newsletter is analysis and commentary of a general nature. Nothing in this newsletter applies to a specific case nor does it constitute legal advice.
Schedule appointment: For legal advice on your case, please schedule an appointment with Curtis Pierce, Certified Specialist, Immigration & Nationality Law, The State Bar of California Board of Legal Specialization.
“The only title in our democracy superior to that of President (is) the title of citizen”.
Former Supreme Court Justice Louis Brandeis. (In the case Ng Fung Ho v. White, 259 U.S. 276, 284 (1922), Justice Brandeis wrote that deportation can deprive an individual of "life, or of all that makes life worth living.")
In the words of President Kennedy,
the United States is a "nation of immigrants."