Haven’t heard of this case? You should have already if you follow immigration policy. I imagine that sometime this year you’ll be hearing about this case again 
as the U.S. Supreme Court decides on it.
This case challenges the Legal Arizona Workers Act, which requires businesses to verify workers’ documentation and penalizes employers who knowingly or intentionally hire undocumented immigrants. According to some estimates, undocumented workers account for about 10% of the workforce in Arizona.
This case examines three important issues:
1. Whether an Arizona statute that imposes sanctions on employers who hire unauthorized aliens is invalid under a federal statute that expressly preempt[s] any State or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens.
2. Whether the Arizona statute, which requires all employers to participate in a federal electronic employment verification system, is preempted by a federal law that specifically makes that system voluntary. NOTE: This case was originally called ‘Chamber of Commerce of the United States v. Candelaria’.
3. Whether the Arizona statute is impliedly preempted because it undermines the comprehensive scheme that Congress created to regulate the employment of aliens.
In early December 2010, the U.S. Supreme Court heard the oral arguments from both sides of this issue and their decision is pending.
As I’ve always maintained since Arizona decided to legislatively strike out on its own version of immigration reform last year that their move was unconstitutional. I can’t imagine the Supreme Court of this land deciding that it’s OK for states to determine their own immigration laws above the comprehensive immigration process that Congress created to regulate immigration.
That why we have these checks and balances built into our system and when the Supreme Court decides on this matter, we can hopefully be glad we live in the United States.
Shame on our Congress for not having the sense to deal with immigration reform like it should. Keep an eye on this one.
Brad
