On Thursday, the U.S. Supreme Court ruled an Arizona law that punishes employers who hire illegal aliens does not interfere with federal immigration law. The 5-3 ruling clears the way for the state of Arizona to revoke the business licenses of companies caught hiring illegal aliens.
Also, under the new law, employers throughout Arizona will now be required to use the federal verification program known as E-Verify.
While law and order advocates are cheering the ruling, the decision does not bode well for the Obama administration and its lawsuit challenging Arizona’s SB1070.
Obama’s complaint against Arizona claims that SB1070 preempts federal immigration law…exactly the opposite position taken by the Supreme Court on Thursday.
Temple University law professor, Peter Spiro told Fox News: “It's a very careful and narrowly reasoned opinion, so it doesn't really tip the court's hand one way or the other with respect to SB1070. That being said, the court here is validating a state measure that implicates immigration enforcement. The court today has rejected an argument that the states have no business in immigration enforcement. That's off the table.”
Arizona Senate President and chief sponsor of SB1070, Russell Pearce told The Associate Press: “This is not only good for Arizona, it's good for America. Finally, American workers are treated the way they ought to be. We're going to put the profits-before-patriotism crowd in the back seat.”
Pearce continued: “I'm very confident we'll win a 5-4 or possibly a 6-3 decision," he said. "States have never been pre-empted from enforcing federal law.”
In December 2010, U.S. District Judge Susan Bolton dismissed several challenges to SB1070, including one filed last July by the League of United Latin American Citizens (LULAC).
LULAC claimed that SB1070 training materials given to law enforcement officers throughout Arizona promoted racial profiling.
Judge Bolton also rejected the Justice Department’s challenge to the section of SB1070 that makes it a state offense to transport illegal aliens.
Also dismissed were suits filed by private parties. Those plaintiffs included a group of Phoenix police officers, and two open-borders advocacy organizations (Chicanos Por La Causa and the National Coalition of Latino Clergy and Christian Leaders).
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