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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employers in Arizona to use E-Verify and provides that the business licenses of those who hire illegal workers shall be repealed.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.).
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.).
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