Arizona law penalizing businesses for hiring illegal immigrants upheld
Monday, June 20, 2011 at 5:59PM One of Arizona’s most contentious immigration laws, the Legal Arizona Workers Act of 2007, has withstood scrutiny by the U.S. Supreme Court. Chamber of Commerce v. Whiting (May 26, 2011). This law allows the state to revoke the business licenses of employers who knowingly hire illegal immigrants and requires employers in the state to use E-Verify. The Court held that the licensing portion of the Arizona law was not preempted by federal immigration law but fell within the confines of the Immigration Reform and Control Act’s (IRCA) savings clause. IRCA reserves authority to the states to impose sanctions on employers through licensing and other similar laws for hiring illegal immigrants. By adopting the federal government’s definition of what constitutes an “unauthorized alien,” the Arizona law took the path least likely to conflict with federal law.
The Court also found that Arizona’s requirement that employers in the state use E-Verify does not conflict with the federal government’s voluntary employment verification scheme because the consequences of not using E-Verify under the Arizona law are the same as the consequences under the federal program. In short, the consequence of not using E-Verify to verify the work authorization of new hires is forfeiture of an otherwise rebuttable presumption that an employer complied with immigration laws.
Federal and Colorado law requires government contractors to use E-Verify. Efforts to pass legislation in Colorado to require other employers to use E-Verify so far have failed.
Reader Comments (4)
Oh my, pick me- pick me! This is just what I need, help with a plan. I'm a watercolor artist and want to share my fun, fresh paintings with the world but i need some focus.-Dolce & Gabbana denim jeans I've been trying different venues and experimenting with varied products, yet I seem to be pulled in too many directions. I just know that this would be the book for me!
-cheap Chronoswiss watch replicas
No man or woman is worth your tears, And the one who is, won't make you cry.
Your write-up is fantastic. It is essentially extraordinary to me. I like it greatly and I hope to determine you additional content articles. ahrijc ahrijc - Belstaff Outlets sale.
Dexter dvd release
Most of the fun of The Incredibles came from the "normal" family problems they had to deal with, and No Ordinary Family builds on that model. The pilot enters us into the story as the Grey's Anatomy dvd
family first gets their powers. When their plane goes down during a tour on their jungle vacation,House M.D Season 7 on dvd
the mysterious green water is the last thing on their minds. dawson's creek seasons 1-6 dvd
But, when strange things start happening back home, it's the only link they can come up with.