Scotus Upholds AZ Use of E-Verify In Chamber of Commerce Attempt To Hold Businesses Harmless In Hiring Illegal AliensPosted by Al @ 9:45 am
The odd issue with this case rests with the fact that the “big business advocate”, The U.S. Chamber Of Commerce”, doesn’t want business held accountable for hiring illegal aliens. It makes you question the Chamber’s allegiance to America’s sovereignty. I’m afraid it’s all about the money and illegal immigration is a boon for big business as more legal Americans become unemployed and are unable to find gainful employment.
The system is being gamed by big business – through deception, they financially support politicians who promote anti-illegal immigration legislation, while themselves hiring the same illegal aliens these politicians are targeting.
CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA ET AL. v. WHITING ET AL. (find the entire case at supremecourt.gov)
The Chamber of Commerce of the United States and various business and civil rights organizations (collectively Chamber) filed this federal preenforcement suit against those charged with administer-ing the Arizona law, arguing that the state law’s license suspensionand revocation provisions were both expressly and impliedly pre-empted by federal immigration law, and that the mandatory use of E-Verify was impliedly preempted.
Arizona’s requirement that employers use E-Verify is not impliedlypreempted. The IIRIRA provision setting up E-Verify contains no language circumscribing state action. It does, however, constrain federal action: absent a prior violation of federal law, “the Secretaryof Homeland Security may not require any person or . . . entity” out-side the Federal Government “to participate in” E-Verify. IIRIRA, §402(a), (e). The fact that the Federal Government may require the use of E-Verify in only limited circumstances says nothing aboutwhat the States may do. The Government recently argued just thatin another case and approvingly referenced Arizona’s law as an ex-ample of a permissible use of E-Verify when doing so.
Moreover, Arizona’s use of E-Verify does not conflict with the fed-eral scheme. The state law requires no more than that an employer, after hiring an employee, “verify the employment eligibility of theemployee” through E-Verify. Ariz. Rev. Stat. Ann. §23–214(A). And the consequences of not using E-Verify are the same under the state and federal law—an employer forfeits an otherwise available rebut-table presumption of compliance with the law.