Monday, May 30, 2011

Supreme Court Affirms Everify Use

Use of another tool in the ongoing battle against illegal aliens has been confirmed.

In a 5-3 decision the US Supreme Court has affirmed the mandatory sue of Everify and allowing licensing penalties.  

"Arizona’s licensing law falls well within the confines of the authority Congress chose to leave to the States and therefore is not expressly preempted."

"The Immigration Reform and Control Act (IRCA) makes it “unlawful for a person or other entity . . . to hire, or to recruit or refer for a fee,for employment in the United States an alien knowing the alien is an unauthorized alien.” 8 U. S. C. §1324a(a)(1)(A)."

"The Chamber of Commerce of the United States and various busi-ness and civil rights organizations (collectively Chamber) filed this federal pre-enforcement suit against those charged with administering the Arizona law, arguing that the state law’s license suspension and revocation provisions were both expressly and impliedly pre-empted by federal immigration law, and that the mandatory use of E-Verify was impliedly preempted."

The decision further opined: "The Chamber’s argument that the Arizona law is not a “licensing” law be-cause it operates only to suspend and revoke licenses rather than to grant them is without basis in law, fact, or logic.

"But Arizona’s procedures simply implement the sanctions that Congress expressly allowed the States to pursue through licensing laws." 

"Arizona’s law closely tracks IRCA’s provisions in all material respects. For example, it adopts the federal definition of who qualifies as an “unauthorized alien,” . . . provides that state investigators must verify the work authorization of an allegedly unauthorized alien with the Federal Government, making no independent determination of the matter; and requires a state court to “consider only the federal government’s determination,” .

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