SUPREME COURT - Arizona's Illegal Worker Law

"Supreme Court Upholds Arizona Law Punishing Employers of Illegal Workers" PBS Newshour Transcript 5/26/2011 (includes video)

Excerpt

JEFFREY BROWN (Newshour): The U.S. Supreme Court today ruled federal law doesn't preempt an Arizona measure that punishes employers who hire illegal immigrants. The split decision was a blow to immigrant advocates, business and civil liberties groups, and the Obama administration.

Under the Arizona law, companies caught hiring illegal workers can be stripped of their business licenses. And employers are required to use the otherwise-optional federal verification program known as E-Verify.

Today's case is separate from another controversial Arizona immigration law now making its way through the court system.

As always, Marcia Coyle of The National Law Journal walks us through it.

Welcome back.

MARCIA COYLE, The National Law Journal: Thanks, Jeff.

JEFFREY BROWN: First, remind us of the background on this case and the Arizona law.

MARCIA COYLE: OK.

There is a federal immigration law that preempts or blocks state and local laws that impose civil or criminal sanctions on employers who hire unauthorized aliens, other than through their licensing or similar laws. And keep that phrase in mind, the exception, other than licensing laws.

JEFFREY BROWN: OK.

MARCIA COYLE: Arizona is one of about eight states that has enacted that type of a licensing law.

Arizona's law says, essentially, employer, if you hire an unauthorized alien, you may have your license to do business in our state suspended or even revoked.

A second part of this is the federal government has created a program that helps employers determine the status of a worker, E-Verify, an online program. It's a voluntary program. The difference with Arizona, however, is, Arizona mandates that its employers use E-Verify.

In 2007, the Chamber of Commerce and a number of civil liberties groups challenged the Arizona law. It said that the Arizona provisions conflict with federal immigration law; federal immigration law preempts the state law. Lower federal courts didn't agree. They upheld the state law. The Supreme Court today upheld it as well.

Although I personally believe that Arizona has become a Nazi state (their immigration law aka show-me-your-papers and other race-based attitudes) this particular law is NOT offensive, but its enforcement needs to be watched closely to ensure that racial prejudices do not become the norm. That is, failure to hire or firing ONLY because you look like a Mexican.