The Supreme Court today upheld an Arizona law that revoked the business licenses of businesses that knowingly hire a person unlawfully present in the United States. The same law also required Arizona employers to use the federal E-Verify system to determine if an applicant is lawfully present in the U.S. Federal law prohibits employers from knowingly hiring persons unlawfully present in the country. The federal government has also created E-Verify and made it available throughout the country for voluntary use by employers. The relevant federal law that prohibits hiring illegal aliens knowingly also expressly preempts "any State or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ . . . unauthorized aliens." A 5-3 majority of the Court (Justice Kagan recused herself) concluded that the Arizona law was within the exception and thus neither expressly or impliedly preempted. Although federal law forbids the federal government from mandating use of E-Verify it is silent on whether the states may do so. The Court found no implied preemption of Arizona's mandate that E-Verify be used because 1) federal law is silent on the point, 2) the federal government has authorized and promoted the use of E-Verify as a reliable means to determine an applicant's immigration status. There was no conflict with federal law and the Arizona law was in harmony with the federal government's objectives in creating E-Verify -- to increase reliable determinations of immigration status. Justice Breyer and Justice Sotomayor each wrote dissents offering inventive reasons why Arizona's law was not actually a licensing law and posed an obstacle to federal objectives. The case is Chamber of Commerce v. Whiting (09-115).
I think one should be very cautious in concluding that this decision is an augury of similar results in other cases that might involve state laws either extending benefits to illegal aliens or imposing obligations on local governments or citizens with respect to illegal aliens. An example of the former is Martinez v. Regents of the University of California, 10-1029, in which a California law that permits persons who have attended a California high school for three years and who are unlawful residents of the United States to pay in-state tuition while denying those rates to lawful residents of the nation who are not California residents. Federal law prohibits a state from offering in-state tuition to unlawfully present aliens on the basis of their residence within the state unless the state permits non-residents of the state who are lawfully present in the US the same benefit. The California Supreme Court upheld this law, claiming that California did not offer the tuition benefit on the basis of residence within California. 50 Cal.4th 1277 (2010). A cert petition is pending. An example of the latter is Hazleton v. Lozano, 10-772, in which the Third Circuit's invalidation of a local ordinance regulating access to housing by unlawfully present persons. A cert petition is also pending in that case.
Finally, the Court in Whiting made no mention of Arizona's SB 1070, which has triggered much controversy. Pre-emption cases are, of course, statutory construction cases. The Court did emphasize the text of the federal law in Whiting and dismissed the scant legislative history bearing on the exemption to the express preemption provision as of little significance. There is more to come in future Terms.
A VICTORY FOR ALL JOBLESS AMERICANS
The American people finally have their interests recognized, by the Supreme Court of the land, asserting that Arizona's federal mandatory E-Verify was upheld. Today it’s a major victory for the American workers and a killing stroke to the US Chamber of Commerce and an attempt by the Department of Justice to protect illegal aliens in the workplace. This will strengthen ATTRITION BY ENFORCEMENT in every business and control penalties with businesses that don't comply. It gives all states the right to implement and mandate the E-Verify program and open the door to hefty fines, loss of business licenses, assets and the risk of prison.
Other states will now follow the example of Arizona and those who don't, will be in the forefront of mass evacuations from these hard policing states to states as the Sanctuary State of California, Nevada and Utah. In a 5-3 victory the justices, repudiated the pro-illegal politicians, Governors, Mayors and lower ranks of leftist and Rino Republicans.
ONE QUESTION THAT MUST BE ASKED, CAN ILLEGAL WORKERS USE A ITIN NUMBER INSTEAD OF A SOCIAL SECURITY NUMBER WITH OTHER DOCUMENTS? WILL THE ITIN NUMBER BE ACCEPTABLE AS E-VERIFY IDENTIFICATION, AS THE US GOVERNMENT KNOWS ILLEGAL ALIENS CAN USE THIS NUMBER AS THE IRS SUPPLIES IT?
Nothing will do more, including the fence, to reverse future illegal immigration occupation and accelerate the departure of the current 20 million illegal populations than taking away the job magnet. This is a significant win as other States following Arizona's lead, could have been crushed if the verdict had gone the alternative route. The American workers now have the impetus, to push the Congress and with the help of the monolithic Tea Party to mandate E-Verify nationwide. This will mean the propagation of E-Verify, with audits on all manner of business, including contractors and sub-contractors in every occupation. American labor must unite to uncover unscrupulous companies from large to small, who are using discount services. More and more patriotic Citizens and residents are joining other "Whistle Blowers" in contacting ICE and local police, of illegal aliens working in construction, manufacturing and thousands of other industries.
Another issue that many states see as a major peril to our sovereignty rights is illegal aliens using the absentee ballot system to vote in elections. New York, Colorado, New Jersey, Texas are being investigated by state Attorney General commissions. Acorn is still a major player and although dissolved on paper, is still involved in the registration racket. There are occurrences in California and Nevada of manipulation of voter rolls.
Can any American citizen or green card holder imagine what this country was like thirty years ago, before the illegal immigrant invasion? How many hundreds of billions of dollars, perhaps even a Trillion in three decades? Fewer illegal aliens meant fewer taxes to support the huge support mechanism that we have today? An example would be California, was a less congested place, where there was room to breathe? Just think were those taxes to subsidize illegal immigrants today could be highly beneficial, if it was spent on our own population. Education, for instance is forced on us, by a federal court that we must pay the schooling for every child of illegal immigrants. Then we have health care that the courts say, that anybody who breaks the law to come here is entitled to treatment. Remember in1912 the Titanic sunk, but not because of the iceberg above the Atlantic Ocean, but what was ominously concealed beneath the surface?
This is the same story with illegal immigration and the failure to place, 5000 "boots on ground. “of the each border States Nation Guardsman permanently? I was astounded to read a "Wikileaks" secret document, that the border is intentionally left open for the clandestine arrangement to merge Canada, Mexico and the United States. You have a chance to read these reports at Wikileaks website, under the headline, "Viewing cable 05OTTAWA268, PLACING A NEW NORTH AMERICAN INITIATIVE." This is a serious situation concocted by the Canadian Paul CELLUCCI and American Ambassador, which seems to never have been observed by Congress.
From both parties are hundreds of thousands, tens of millions finding that the TEA PARTY, doesn't discriminate against race or religion. That these people are delusion by the Liberals, democrats and Republicans, that are not doing enough to stop the in-sourcing of illegal immigrants or outsourcing of jobs to foreign countries. Cafta and Nafta was a massive mistake as the whole “FREE TRADE AGEEMENTS” have been detrimental to our society. We are importing everything from a nail file to steel, at far below the cost of doing business here? Once a lender of billions of dollars, we must now go cap in hand to Communist China, that owns our debts. We are the greatest market in the world, but our commerce is undercut by artificially engineering their currencies. The only winners in this commercial game are the importers of inferior products, who are profiting.
As Billionaire Donald Trump we should place a 25 % import tax on everything coming to our country, and begin to rebuild our manufacturing industries again. An intentional failure of every administration to secure our borders or enact laws that would obstruct foreign national at the border, or a tracking system to deport visa overstays. E-Verify will eradicate this problem of the issuance of a Secure Communities law, to enforce that every police department fingerprint and send those scans to ICE. If you want less government, a fair Tax system, individual responsibility and the return of federal excessive power to the states, join the Tea Party in your local area. Tell your Federal, State or local lawmaker, unless they join the TEA PARTY, they will be out of office in 2012.
Contact them at Senate—202-224–3121/ House—202-225–3121.
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Posted by: Brittanicus | May 26, 2011 at 05:56 PM