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Jamie Dupree's Washington Insider

Posted: 11:15 a.m. Thursday, May 26, 2011

Supreme Court Immigration Ruling 

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By Jamie Dupree

The U.S. Supreme Court delivered a victory to opponents of illegal immigration today, upholding a law from Arizona that threatens to revoke the business licenses of companies in that state, if they knowingly hire illegal immigrants.

The ruling, delivered by Chief Justice John Roberts, rejected the arguments of the U.S. Chamber of Commerce, which argued that Arizona's effort is preempted by federal immigration law.

"We hold that the Arizona law is not preempted," wrote the Chief Justice.

This ruling is not on a more controversial Arizona immigration law, which is still working its way to the Supreme Court; it gives police more power to detain and stop illegals, a move that prompted economic boycotts of the state by a variety of groups.

In this case, the Court went against arguments of the business community and the Obama Administration, which maintain that federal law has the last say on immigration.

The "Legal Arizona Workers Act" would allow the state to revoke business licenses if they don't use the E-Verify system to check the legal status of their workers.

"Of course Arizona hopes that its law will result in more effective enforcement of the prohibition on employing unauthorized aliens," wrote the Chief Justice.

The 5-3 decision was not embraced by the Court's more liberal members, led by Justice Stephen Breyer, who argued in his dissent that "the statute strays beyond the bounds" of what should be allowed.

"It defines “license” to include articles of incorporation and partnership certificates, indeed virtually every state-law authorization for any firm, corporation, or partnership to do business in the State," Breyer wrote.

It would be logical to assume that other states will look at the success of the Arizona law at the Supreme Court, and move to embrace it in other states as well.

You can read the entire decision at http://www.supremecourt.gov/opinions/10pdf/09-115.pdf

Jamie Dupree

About Jamie Dupree

Jamie Dupree is the Radio News Director of the Washington Bureau of the Cox Media Group and writes the Washington Insider blog.

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