Supreme Court to Review 2007 Arizona Immigration Law

[pampango]

Source: Washington Independent

The Supreme Court will hear a case this session that could clarify whether states have the right to crack down on illegal immigration. The case, to be heard Dec. 8, takes on a 2007 Arizona law — no, not that Arizona immigration law — that mandates the use of E-Verify, a federal work-eligibility verification system. Under the law, businesses that “intentionally or knowingly” hire illegal immigrants could have their licenses suspended by the state.

The question is whether states have the right to mandate such a program. Challengers of the law are making similar arguments to those being used against SB 1070, a law signed by Gov. Jan Brewer this spring that allows police to check immigration status with “reasonable suspicion” of a person’s status.

The state argues it has the right to monitor and remove business licenses because it grants them in the first place. The Supreme Court’s decision could impact the ability of states to pass laws cracking down on immigration — which many plan to do in their next legislative sessions.


Read more: http://washingtonindependent.com/99744/supreme-court-to-review-2007-arizona-immigration-law

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From CNN: http://www.cnn.com/2010/POLITICS/10/04/scotus.new.term/?hpt=T2

IMMIGRATION REFORM - Chamber of Commerce v. Whiting (09-115) (arguments Wednesday, December 8)

AT ISSUE: Do federal immigration laws trump state efforts to crack down on businesses that hire illegal aliens?

THE CASE: In 2007, Arizona passed the Legal Arizona Workers Act, 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.

THE ARGUMENTS: In its lawsuit, the Chamber of Commerce argues federal law prohibits Arizona and other states from making E-Verify use mandatory. The state argues its broad licensing authority gives it the right to monitor businesses within its jurisdiction. The Obama administration recommended review.

IMPACT: This case could serve as a bellwether to a larger, more controversial state immigration law from Arizona. That statute was tossed out by a federal judge in August and is currently pending at a federal appeals court. It would, among other things, give police authority to check a person's immigration status if officers have a "reasonable suspicion" that individual is in the country illegally.
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Partisan roles seem to be reversed in the 2007. It is the Chamber (and associated conservatives) who want the federal law to invalidate the 2007 Arizona law requiring the use of E-Verify. Of course, in the 2010 Arizona law they are arguing that federal immigration law should not preclude a state immigration law.

[bluestateguy]

1. The employer sanctions law is a good law that I support

That was the right approach all along.