E-mail updates
Follow on Twitter
Subscribe to RSSFrom NBC's Pete Williams
Handing a legal victory to groups pushing back against illegal immigration, the Supreme Court today upheld an Arizona law that punishes businesses in the state for hiring workers who are in the country illegally.
Federal law against illegal immigration says the states cannot penalize businesses that hire illegal workers "except through licensing."
So in 2007, Arizona passed a controversial law -- signed by then-Gov. Janet Napolitano -- that allows the state to take away the business licenses of employers that intentionally hire illegal workers. Led by the US Chamber of Commerce, several business and civil rights groups challenged the law, saying enforcement of the immigation laws is for the federal government.
The Obama administration also sued Arizona over the law. Congress, the groups said, never meant to give the states such latitude over virtually any license to do business.
But today by a 5-3 vote (with Justice Elena Kagan siting this one out), the Supreme Court upheld the Arizona law.
The state is simply imposing the punishments the federal law allows, the court said. In addition, the court pointed out, before a business can lose its license, it must intentionally and repeatedly hire illegal workers.
"Congress did not intend to preserve only state state laws that have no effect" on illegal immigration, said Chief Justice John Roberts, who wrote today's opinion.
Today's ruling is a green light for other states considering laws that punish employers for hiring illegal workers. Nine states have already done so.
The court has yet to take up the far more controversial Arizona law that requires police to round up anyone they think is in the state illegally. And this ruling does not foreshadow how the Supreme Court will rule on that one, because Congress specifically opened the door to the kind of state regulation upheld today.
Leave a Comment:
You know, I've got a kid who wants a job and I worked in the fields and as a dishwasher when I was 15 to 18 years old. That old saying that no one wants to work those low paying jobs is full of it. There are many people without work, on welfare or young part timers that would love to have those jobs.
The bottom line is the word ILLEGAL in the saying ILLEGAL Immigrant. (definition adjective 1. forbidden by law or statute. 2. contrary to or forbidden by official rules, regulations, etc.). Those who desire to legalize the criminal entrant (breaking and entering or trespassing) must not care about law at all. The rapists are innocent after the fact, the child molester must be forgiven, the murderer can not be punished.
I'm for any agency that is willing and able to uphold the law and if the Feds won't or can't do it then by all means, let the States try.
Finally!!!! It's about freakin time someone in this country obeys our laws. This is something that should have been done a long time ago. What part of "illegal" do people not understand. We should be deporting illegal immigrants out of this country by the bus loads along with any children they gave birth to here.
No ones rights are being violated since they are "illegally" in this country therefore they do not have any rights here. What we need is a task force that does nothing but visit businesses searching for illegals to deport. And anyone against that should be thrown out with them for aiding illegals.
And as far as I'm concerned they should also get rid of ones that were illegally given citizenship by politicians bypassing our laws for the sake of votes.
Kagan sits another one out? How suprising.
WTF is she on the bench for?
At least she isn't like Scalia and Thomas who vote on things and then go fishing with the guy!
The guys are judges....they don't vote. BTW WTF are you referring to?
What ever happened to Federal Form I9 which required employers to verify documents that would make them reasonably expect that the potential employee was legal to work in this country. This was not retroactive but when it came out I lost good long term employees that didn't understand and just disappeared.
If the documents "looked okay" to the employer he would not be punished if they turned out to be fraudulent but other than that there were Federal penalties.
With years of these forms on file the Feds never once checked them and never questioned our hiring practices in any way. For the record, about half of our 100 employees were Mexican in every way. Some, for a time, spoke no English.
That was a practical law that I didn't object to and took little time or effort on my part. However, if the Government passes a law and never enforces it then it is a total waste of time and effort on every one's part. I suspect this law is still on the books and is now being superseded by new redundant laws.
If the means to enforce a law and the penalty for breaking it is not contained in the law itself then it is worthless. Don't pass rules you can't enforce.
Wrong. Though the law isn't observed or enforced in many cases, recently a big-time raid took place in my hometown, There the workers were legally charged and the owners exposed to so much disdain for hiring illegals illegally that they were charged fined and jailed and lost their business to boot. Justice? Partly but finally these types of busts are taking place as in the kosher meat plant in the miswest recently.
Good!
This paves the way nicely for Arizona's SB1070.
Brilliant, Einstein. Perhaps the same "shoot to kill" should be aimed at idiots like you.
Amen a little progress finally. Albeit slowly some sanity is returning in our response to illegal immigration. May the clarity of vision continue !
Are we finally seeing some sanity? It's about time.
This is justice for immigrant residents and new citizens who chose the law abiding way and paid their dues, to live in this great country.
It's about darn time. Hitting big business and mega corporations in their pocketbooks is the only thing that's going to heal our economy.
I know capitalism is a big deal, but how many of these people make their big bucks legally and without climbing up the backs of the middleclass?
This had to get up to the Supreme Court because the Chamber of Commerace kept appealing it everytime a court upheld the law as constitutional.
Having read the opinion and dissent, one has to wonder what were alternate universe Breyer, Ginsberg and Sotomayer in. Their rationale has little basis in fact, law or logic, (Not to mention some of the legal aurguments presented by the CoC and the administration). The dissents are purely laughable, and build on not much more that wild imaginative hypootheticals, that even the most creative law professor would have a hard time dreaming up.
MLH Iin Oklahoma: I have looked over both opinions, and even knowing nothing about interpreting law it is very easy to see that the dissent is clutching at straws. If they were congressmen, I would say there's someone they want to impress, but since they aren't elected who knows what motivates their actions.
Ah yes, the good old Orwellian Chamber of Commerce. It's there that the bucks stop, a lot of bucks. Whenever the Chamber is selling something as "good for the community" watch your back and hold onto your wallet.
Oh no. A set back for President O'Boma having found home in the Emerald Isles. Gee you will have to sue the Supreme Court now. Isn't it just not nice when not everyone wants your agenda. By the way, nice toast in Buckingham. Maybe you can throw down a cold one here during the National anthem.
Now you're talkin', though I never doubted. The "only good mexican is a dead one" crowd is but a very small dysfunctional lot that unfortunately has the biggest mouths and attracts the most media.
Behind the scenes and notoriously out of the headlines is the slow, methodical, logical yet boring task of putting the right pieces in place.
Folks say they are gonna do away with the latino crimes, yet Americans are the ones making the business and rewards of drugs such a lucrative business in the first place. Logic folks, you gotta live in the real world.
Enforce the law, we need legal and safe working conditions. If you want to work here get the right paper work like many workers do! Prosecute anyone who gets workers here illegally and send back anyone who is not legal including there children. The White House wants this issue to go away and so does the press. We have to have our man ready for his second term don't we Brian, Chuck, Chris M. Katie C and the rest of the main media.
So forgive me for asking, but exactly WHY did Obama challenge it?
For all of you posting that this will affect the food prices. Yes if I hire illegal immigrants at half the cost I will get more in my pocket. Will I get to sell it for at a different price then the farmer who hires legal workers? No. Are you the consumer going to pay different? No. Our food products are based on a global price trade. Just like our Dairy Hefner here are going for a higher price right now. Why because Russia buying up our stock. With the wipe out of cotton/Wheat the prices are up. Corn we produce less so prices go up. And when we produce we look at least one year if not 2-5 a head. Now do I see some very large Ag companys hiring illegal immigrants? Without question. But could they afford to hire legal workers. Yes but most of them have personal jets and contribute very well to political sides.
As we talked before, Jake, it's the gravy. Big wall street firms own most of our fruit and produce farms, and if profits fall they'll get out.
Someone once said that behind every great fortune is a murder. Read about the history of American capitalism and this is certainly borne out. Let's find the bodies.
Read about the history of Socialism, Nazism, and Communism in the past, and even today in countries like Zimbabwe. I would recommend using a bulldozer verses a shovel though as it makes uncovering the mass graves much more efficient. Um.....in the overall scheme of things Capitalism is small potatoes.
Small step, but encouraging. We need to stop ALL immigration until our economy is back on its feet. No more anchor brats and the hoards that follow. It is time to save our schools, medical system, welfare benefits etc. We have had it with the idiotic "open door" policy that is destroying this country. It was fine when we were building a nation, but now we are over populated to the point of self destruction.
So forgive me for asking .. Exactly WHY is Obama challenging it?
Do jobs that Americans won't do (whatever that means) have to be lousy? Perhaps we should look for ways to improve how the work is done rather than continuing on with the same poor conditions. But that would mean people would have to change, wouldn't it, so never mind.
I am a progressive from AZ and although I don't care much for Sheriff Joe's illegal round ups, I think penalizing the businesses who hire illegals is the right move. This is what draws the illegals here in the first place (job opportunities). Now that the motive to come to the US is taken away by this law, there will be much much fewer illegals coming here. If they cannot work, cannot get free healthcare, and cannot have their children attend public schools, you have pretty much decimated their reason for coming here in the first place. I like my Mexican neighbors very much and think they are hard workers and many are fine people, but unfortunately our American businesses used them for cheap labor and started the massive illegal immigration episode. I do hope changes in Mexico will make life more pallitable for them to stay in their own country and for us to come and visit Mexico and share in their colorful culture. Unfortunately for them, the drug lords are pretty scary people and have too much control. The drug lords are ruining mexico.
With over 21 million illegal immigrants and counting, it is nearly impossible to process this amount of people. The extraordinary costs, manpower and time required is overwhelming.
That is why this ruling is so important. Many illegal immigrants will be forced to return to their countries, and this will not be at the expense of US taxpayers.
The I.R.S knows who and where all Illegals live and work, when you steal someones I.D. you have two people paying taxes from two different addresses at the same time, and this doesn't raise red flags? Some people say give them amnesty like Ronald Reagan did in the 80's and build a country with criminals, I say no, had an American citizen committed half the crimes they did, their homes and property and children would have been seized and they would be in prison. But the tide is turning. I am tired of being treated like second class citizen in my own country and punished for everything I do wrong, but not them. America For Americans, be they white,black,brown or red !!!!!!