Supreme Court Upholds State Requirements On Employment Verification Of Legal Status

The court ruled 5-3 upholding the Arizona law:

The U.S. Supreme Court on Thursday upheld an Arizona law that imposes sanctions against businesses that hire illegal immigrants.

The court, on a 5-3 vote, said federal immigration law does not bar Arizona from suspending or revoking the licenses of businesses that employ unauthorized aliens.

“Because we conclude that the state’s licensing provisions fall squarely within the federal statute’s savings clause and that the Arizona regulation does not otherwise conflict with federal law, we hold that the Arizona law is not preempted,” Chief Justice John Roberts wrote in a 27-page opinion.

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Matthew Franck at Bench Memos:

Chief Justice Roberts wrote for the majority, and based the ruling on the plain meaning of the federal immigration statute, which expressly preserves the power of states to legislate on the subject of employing illegal immigrants through their licensing power, as Arizona had done here.

Given the plain meaning and intent of federal and constitutional law, it is a shame that this was not a unanimous ruling. To read the full opinion visit http://www.law.cornell.edu/supct/html/09-115.ZO.html#* Tweet