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Greg Siskind on Immigration Law and Policy

Supreme Court Upholds State Business License, E-Verify Sanctions Laws

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The Supreme Court issued its decision in the Arizona business license/e-Verification law of 2007 and by a 5-3 margin has upheld the law. This is the law that allows the state to revoke business licenses for firms knowingly hiring unauthorized workers and also mandating all employers use E-Verify. This was always going to be an easier case for Arizona than the defense of its 2010 law. For one, the Immigration Reform and Control Act of 1986 which created the employer sanctions system, says that while states may not impose civil and criminal penalties on employers hiring unauthorized workers, it does allow for licensing provisions to be used. And Arizona's law is limited to business license revocations. That contrasts with laws in other states that apply all sorts of other penalties including criminal sanctions.


The Court also upheld the e-Verify mandate arguing that while the 1996 law creating the system bars the federal government from mandating its use, it does not do the same for states. That seems to be contrary to the intent of Congress which wanted e-Verify to be a voluntary program.


The case at this point means that business license and e-Verify laws around the country are likely to survive. And it could be bad news for those fighting renter licensing laws as well as other state and local laws that create some kind of licensing sanction.


Chief Justice Roberts wrote the part upholding the business license law and that one came in at 5-3 with only Justices Sotomayor, Breyer and Ginsberg dissenting. Justice Kagan recused herself because she was involved in the case when she was Solicitor General.


 


 


Arizona E-Verify Case

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  1. Another Voice's Avatar
    "The case at this point means that business license and e-Verify laws around the country are likely to survive. And it could be bad news for those fighting renter licensing laws as well as other state and local laws that create some kind of licensing sanction."

    This is going to be an interesting aspect to watch, specially considering the current state of housing....

    Go on Frank hit us with the statement!!
  2. Frank W.'s Avatar
    Due to the ongoing economic upheaval and now, the outcome of this decision, many businesses in Arizona could start moving their interests out of the state. In the end, the State of Arizona will lose its ability to retain entrepreneurial endeavors (and income as well) as a result of these sorts of senseless legislation.

    As long as the ignorant masses of this country remain in such brutish state, it will be very easy for skilled sophists to manipulate public opinion and place the blame on undocumented immigrants for all of the illnesses of America - their ultimate goal is to avoid dealing with an educated population.

    Nevertheless, unprecedented changes are just around the corner and will make current laws dealing with immigration to become obsolete.


  3. gg's Avatar
    This is actually a good development.

    Now the politicians cannot ignore immigration reform.


  4. Frank W.'s Avatar
    Another Voice states the following:
    "Go on Frank hit us with the statement!!"

    Events are already in motion...once again, check for developments outside the scope of immigration in order to comprehend the rationale behind the statement.
  5. F's Avatar
    "Now the politicians cannot ignore immigration reform."

    I think so too but lets hope the damage is not too high before they act.
  6. gg's Avatar
    Food prices skyrocket ...

    http://www.bloomberg.com/news/2011-05-25/food-cost-gains-to-quicken-as-nestle-whole-foods-raise-prices.html
  7. Another Voice's Avatar
    "Food prices skyrocket ..."

    No farm workers due to E-Verify should add some pressure to this also!!
  8. Another Voice's Avatar
    "No farm workers due to E-Verify should add some pressure to this also!!"

    noooo on second thought I think now workers will be paid cash or 1099 which will add pressure to state and local governments as their tax collections decrease further...
  9. George Chell's Avatar
    If this trend continues it will have to uphold Maryland and Utah laws as well and who knows what California will do!
  10. Another Voice's Avatar
    I think the president will continue to sign his tune that they are going after the employers, the republicans conveniently will turn a blind eye on how regulations supposedly burdens businesses and life will go on.... The only question is will business push back and demand action from both parties if they want campaign contributions.
  11. Jim's Avatar
    "who knows what California will do!"

    In light on what is happening, would it still be far-fetched if CA
    1) Provide amnesty to all it's illegals
    2) Provide it's own residency cards and working visas?

    It seems to me that that is the only way to jump-start their economy. It's a win-win for them.



  12. Frank W.'s Avatar
    When California speaks, the rest of the union carefully listen...and events keep developing.

    California DREAM Act, Part II, Awaits Passage
    Written by Alex Garcia, Sun Contributing Writer
    Thursday, 26 May 2011 05:38

    Appropriations Committee Hearing on AB 131 is Friday May 27
    Anxious and hopeful. That's how supporters of AB 131, the second part of the California DREAM Act, were feeling this week, just as the State Assembly Appropriations Committee was scheduled to vote on the measure this Friday, May 27...

    ...On May 5, the state Assembly approved AB 130, the other half of the California DREAM Act, which allows undocumented students access to scholarships offered by the UC and CSU system from their own reserves. However, AB 131, which would allow undocumented students to access state financial aid and cal grants and would have an estimated impact of $32.5 million on state coffers, has been on hold for nearly two months.

    Read the entire article here:
    http://www.sanfernandosun.com/sanfernsun/news/6776-california-dream-act-part-ii-awaits-passage
  13. Jim's Avatar
    If and when CA passes their DREAM Act part II they should follow it up with copying Utah and even outdo what they are doing like providing California permanent residency cards. While at it, they should provide California visitors visa as well. If Utah can give guest worker permits ,AZ build their own fence and enforce their own immigration laws then I don't see why CA can't by-pass the Federal Gov't as well and issue California residency cards and visitor's visas.

  14. Another Voice's Avatar
    Farmers tie labor shortage to state's new immigration law, ask for help

    http://www.ajc.com/news/georgia-politics-elections/farmers-tie-labor-shortage-958782.html

    So the exodus begins....
  15. Jim's Avatar
    "Farmers tie labor shortage to state's new immigration law, ask for help"

    So, where are all those people saying that Americans are willing to pick fruits and vegetables !?

  16. Another Voice's Avatar
    "So, where are all those people saying that Americans are willing to pick fruits and vegetables !?

    They will say yay finally we got our jobs back!!!! or bring back what can Brown do for you....
  17. George Chell's Avatar
    Folks as far as immigration laws are concerned we may be seeing the end of the USA as wel know it...all because of the Supreme Court! Now if they dont side with Utah, Roberts, Scalia etc will be called racists and deservedly so!
  18. Frank W.'s Avatar
    As previously stated, when California speaks, the rest of the union carefully listen...definitively, events are developing at a fast pace.

    Bill advances to help undocumented students
    Posted at 03:45 PM on Friday, May. 27, 2011
    By Heather Somerville / The Fresno Bee

    The state Assembly Committee on Appropriations approved a bill today that would allow undocumented students to get state funding to go to college. The committee's 12 Democrats passed AB 131, marking another victory for supporters of the California Dream Act.

    The full assembly will vote next week. Officials estimate the bill would cost the state $32.2 million.

    AB 131 would allow undocumented students at California colleges and universities to apply for state grants, university scholarships and fee waivers. If signed into law, the bill would allow 5,500 more students to qualify for state aid in the 2013-14 school year, according to projections by the committee staff. Most of those students -- about 78% -- are expected to be at community colleges.

    The bill applies to all students enrolled under AB 540, a law that allows nonresident students to pay in-state tuition. The group includes illegal immigrants, military members and others.

    An estimated 107 Fresno State students would receive more than $3,100 each in university scholarships, and 56 students would get Cal Grants of about $4,300. Officials expect 627 students at Fresno City College would receive fee waivers.

    Earlier this month, the assembly passed AB 130 to allow undocumented students to get private scholarships through the University of California.

    Both bills must pass the Senate before the Dream Act can become law.

    Link:
    http://www.fresnobee.com/2011/05/27/v-print/2405316/bill-advances-to-help-undocumented.html
  19. Frank W.'s Avatar
    An this recent development coming from that irrelevant institution called the United States Congress...

    Robert Menendez: Troops Shouldn't Worry Families Will Be Deported
    First Posted: 05/26/11 04:19 PM ET Updated: 05/26/11 04:57 PM ET

    WASHINGTON -- Sen. Robert Menendez introduced a bill on Thursday that would allow the immigrant parents, spouses and children of active duty military service members to gain legal status, part of a push by Democrats to allow small sectors of the undocumented population to avoid deportation.

    "I just can't believe that you can risk your life for America, and America can't let you stay united with your family," the New Jersey Democrat said at a press conference. "It seems to me that's more than a fair trade-off."

    The Military Families Act, which so far has zero Republican supporters, would grant legal permanent residence to the immediate family members of military men and women in active duty. Like the DREAM Act, a bill that would grant legal status to immigrants who entered the United States as children if they go to college or join the military, the idea is to narrow the pool of undocumented beneficiaries to the most sympathetic few, in hopes that the GOP will not decry the bill as amnesty.

    Read the entire article here:
    http://www.huffingtonpost.com/2011/05/26/menendez-military-family-bill-deported_n_867683.html?view=print

  20. Jim's Avatar
    "Robert Menendez: Troops Shouldn't Worry Families Will Be Deported"

    About time. I wonder if he can get more Repubs to support it.
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