Obama Administration Challenges Arizona E-Verify Law

[sjr09 155]

Obama Administration Challenges Arizona E-Verify Law

The Obama administration has asked the Supreme Court to strike down a 2007 Arizona law that punishes employers who hire illegal aliens, a law enacted by then-Governor Janet Napolitano. (Solicitor General's Amicus Curiae Brief). Called the “Legal Arizona Workers Act,” the law requires all employers in Arizona to use E-Verify and provides that the business licenses of those who hire illegal workers shall be repealed. From the date of enactment, the Chamber of Commerce and other special interest groups have been trying to undo it, attacking it through a failed ballot initiative and also through a lawsuit. Now the Chamber is asking the United States Supreme Court to hear the case (Chamber of Commerce v. Candelaria), and the Obama Administration is weighing in against the law.

To date, Arizona’s E-Verify law has been upheld by all lower courts, including the Ninth Circuit Court of Appeals. The Ninth Circuit, in particular, viewed it as an exercise of a state’s traditional power to regulate businesses. (San Francisco Chronicle, June 2, 2010). Obama’s Justice Department, however, disagrees. Acting Solicitor General Neal Katyal said in his filing with the Supreme Court that the lower courts were wrong to uphold the statute because federal immigration law expressly preempts any state law imposing sanctions on employers hiring illegal immigrants. Mr. Katyal argues that this is not a licensing law, but “a statute that prohibits the hiring of unauthorized aliens and uses suspension and revocation of all state-issued licenses as its ultimate sanction.” (Solicitor General's Amicus Curiae Brief, p. 10). This is the administration’s first court challenge to a state’s authority to act against illegal immigration, and could be a preview of the battle brewing over Arizona’s recent illegal immigration crackdown through SB 1070.

Napolitano has made no comment on the Department of Justice’s decision to challenge the 2007 law, but federal officials said that she has taken an active part in the debate over whether to do so. (Politico, May 28, 2010). As Governor of Arizona, Napolitano said she believed the state law was valid and became a defendant in the many lawsuits against it. (Id.).

[Sofiyya 1,687]

This administration prefers illegals over legals and has no respect for our laws, our defense, our sovereignty nor the value of our citizenship. They must go!

[Ban Hammer 13,337]

[Mr. Big Dog 10,747]

Disgraceful, really. Makes you wonder what's going on in the Obama administration.

Gotta wonder, though, how effective this 2007 law really is. If it worked as intended, AZ wouldn't have this illegal alien issue that triggered SB1070. I mean, if illegals can't work in the state, it stands to reason that not all that many would set-up shop there...

[DukeOfYork 28]

Disgraceful, really. Makes you wonder what's going on in the Obama administration.

I seriously wonder the same thing every day.

[Heracles 417]

Disgraceful, really. Makes you wonder what's going on in the Obama administration.

Gotta wonder, though, how effective this 2007 law really is. If it worked as intended, AZ wouldn't have this illegal alien issue that triggered SB1070. I mean, if illegals can't work in the state, it stands to reason that not all that many would set-up shop there...

It's true. I can understand someone being against AZ's new law but being against e-verify is just idiocy. It illustrates that the person's mindset is set on allowing as any as possible into the US, regardless of the consequences. Furthermore, deliberately turning a blind eye and allowing illegal Aliens to move and live freely within the country.

[Usui Takumi 1,562]

Yeah this is disgraceful, makes you wonder if someone just made a huge campaign donation recently.

[spookyturtle 9,465]

What a fvcking joke. E-verify should have been mandatory across the board years ago.

[Sofiyya 1,687]

Disgraceful, really. Makes you wonder what's going on in the Obama administration.

Gotta wonder, though, how effective this 2007 law really is. If it worked as intended, AZ wouldn't have this illegal alien issue that triggered SB1070. I mean, if illegals can't work in the state, it stands to reason that not all that many would set-up shop there...

It's of no matter if AZ's e-verify law is effective or not. It's about this administration's intent to undermine state's rights and increase the dominance of the federal government. They have made it clear that they are unconcerned about the problems states with large populations of illegals face. They have made no effort to help the states solve these problems; instead, they have been very vocal about opposing state sovereignty and pounding them into the ground.

Rather then step up, or even apologize for their lack of support, they have set out to neuter states that dare to challenge federal inaction and incompetence, and scare others into not even trying. This is not a cooperative administration. It is not a government of the people, who overwhelming empathize with AZ's immigration issue and their efforts to stem the tide. This is a slap in the face not only to states, but to the citizens dwelling within them. Obama simply doesn't care about us. He is partying while Rome burns, and has no interest in changing course.

Shame on those who voted this bunch into power.

[sjr09 155]

It's of no matter if AZ's e-verify law is effective or not. It's about this administration's intent to undermine state's rights and increase the dominance of the federal government. They have made it clear that they are unconcerned about the problems states with large populations of illegals face. They have made no effort to help the states solve these problems; instead, they have been very vocal about opposing state sovereignty and pounding them into the ground.

Rather then step up, or even apologize for their lack of support, they have set out to neuter states that dare to challenge federal inaction and incompetence, and scare others into not even trying. This is not a cooperative administration. It is not a government of the people, who overwhelming empathize with AZ's immigration issue and their efforts to stem the tide. This is a slap in the face not only to states, but to the citizens dwelling within them. Obama simply doesn't care about us. He is partying while Rome burns, and has no interest in changing course.

Shame on those who voted this bunch into power.

[TBoneTX 45,288]

This is a slap in the face not only to states, but to the citizens dwelling within them. Obama simply doesn't care about us.

I saw a real bumper-sticker today while driving home. It said, "If Government disobeys the Constitution, WHAT'S TREASON?" Edited June 9, 2010 by TBoneTX

[Obama 2012 1,714]

is there a link to this article?

[sjr09 155]

is there a link to this article?

What specific part of the article, link, are you looking for?

[Heracles 417]

It's about this administration's intent to undermine state's rights and increase the dominance of the federal government.

Hold your horses there. One one hand you guys accuse the Feds of doing nothing, on the other you turn around and claim they are trying to violate states rights. This fed versus states battle is exactly why nothing is accomplished in this country anymore.

Good luck trying to build a Hoover Dam or equivalent project in 2010.

Edited June 10, 2010 by Booyah!

[Sofiyya 1,687]

Hold your horses there. One one hand you guys accuse the Feds of doing nothing, on the other you turn around and claim they are trying to violate states rights. This fed versus states battle is exactly why nothing is accomplished in this country anymore.

Good luck trying to build a Hoover Dam or equivalent project in 2010.

You got it wrong. They do nothing productive or constructive. Otherwise, they do plenty wrong.