EMPLOYER SANCTIONS LEGAL BATTLE

The United States Supreme Court has recently requested that the Obama administration declare its position on Arizona’s employer-sanctions law.  The law, passed in 2007, “punishes companies for hiring illegal immigrants and requires all Arizona employers to use a federal electronic system (E-verify) to verify the work status of employees.” (See Justices may hear disputed Arizona law)

The Arizona Republic believes that the Supreme Court may be interested in hearing the case.  According to the Republic, “A coalition of business groups, immigrant-rights advocates and civil-liberties groups maintains that the 2007 law is unconstitutional because it infringes on the federal government’s authority over immigration laws and mandates the use of the federal government’s electronic-verification system…even though it is a voluntary program.”

Recently, we wrote a post concerning State’s rights and the Supremacy Clause. This case may help define the limits of a states authority when it comes to legislating Immigration.

“At the end of the day, we still feel that immigration lies at the federal level,” said Glenn Hamer, president of the Arizona Chamber of Commerce and Industry.  “We have this crazy quilt of state and local laws, and we believe this is better left to the federal government, and we certainly see this as an encouraging sign that the Supreme Court will consider the case and make it clear that immigration is a federal matter.”

The U.S. Circuit Court of Appeals said in a ruling that upheld the law, “(The law) reflects rising frustration with the United States Congress’ failure to enact comprehensive immigration reform.”  Last year, during his campaign, President Obama declared that the proliferation of state immigration laws “underscores the need for comprehensive immigration reform so local communities do not continue to take matters into their own hands.”

Two conclusions may be drawn from this article. 

• The growing discontent with the consequences of a broken federal immigration policy is leading many to call for the U.S. government to enact comprehensive immigration reform. 
• A widening array of unlikely allies is emerging in response to the local legal chaos engendered by federal inaction.

How or if President Obama makes good on his campaign promise remains to be seen.