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'Business death penalty' for hiring illegal workers is upheld by Supreme Court (5 - 3)
La Times ^ | 5/26/11 | David G. Savage

Posted on 05/26/2011 11:31:58 AM PDT by NormsRevenge

The Supreme Court on Thursday gave Arizona and other states more authority to take action against illegal immigrants and the companies that hire them, ruling that employers who knowingly hire illegal workers can lose their license to do business.

The 5-3 decision upholds the Legal Arizona Workers Act of 2007 and its so-called business death penalty for employers who are caught repeatedly hiring illegal immigrants. The state law also requires employers to check the federal E-Verify system before hiring new workers, a provision that was also upheld Thursday.

The court's decision did not deal with the more controversial Arizona law passed last year that gave police more authority to stop and question those who are suspected of being in the state illegally. But the ruling is likely to encourage the state and its supporters because the court majority said states remained free to take action involving immigrants.

Thursday's decision is a defeat for the U.S. Chamber of Commerce, several civil-rights groups and the Obama administration, all of whom opposed the Arizona law and its sanctions on employers. They argued that federal law said states may not impose "civil or criminal sanctions" on employers.

But Chief Justice John G. Roberts Jr. said another portion of the same law made clear that states were free to use their "licensing" laws to punish employers. Justices Antonin Scalia, Anthony M. Kennedy, Clarence Thomas and Samuel A. Alito Jr. formed the majority in Chamber of Commerce vs. Whiting.

The Arizona law upheld Thursday was signed into law by then-Gov. Janet Napolitano, .. now .. secretary of Homeland Security for President Obama.

In dissent were Justices Stephen G. Breyer, Ruth Bader Ginsburg and Sonia Sotomayor. They said federal law prohibited states from imposing their own immigration-related rules on employers. Justice Elena Kagan sat out the case.

(Excerpt) Read more at latimes.com ...


TOPICS: Business/Economy; Culture/Society; Government; Politics/Elections
KEYWORDS: aliens; business; deathpenalty; hiring; illegalworkers
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1 posted on 05/26/2011 11:31:59 AM PDT by NormsRevenge
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To: NormsRevenge

Excellent. Now start enforcing it without mercy.


2 posted on 05/26/2011 11:33:55 AM PDT by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: NormsRevenge

Good. This is a rare issue where the Chamber is on the wrong side of the issue. IMO, we will never as a country have the will to act on the illegals to the point of massive deportation, so the next best thing is to dry up the incentive for these folks to come here illegally in the first place.


3 posted on 05/26/2011 11:35:33 AM PDT by ilgipper
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To: NormsRevenge

Sotomayor, the ‘wise Latina’ dissented? What a shocker.


4 posted on 05/26/2011 11:35:39 AM PDT by South40 (Ron Paul and his flaming antiwar spam monkeys can Kiss my Ass!!" -- Jim Robinson, 09/30/07)
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To: NormsRevenge
In dissent were Justices Stephen G. Breyer, Ruth Bader Ginsburg and Sonia Sotomayor.

The Wide Latina loses another one.

5 posted on 05/26/2011 11:37:18 AM PDT by skeeter
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To: NormsRevenge

This is a much more efficient way to tackle the illegal immigration issue. Rather than trying to catch illegal immigrants one at a time you can go after a business that employs dozens or maybe hundreds of illegal immigrants.

It should also apply to farms that employ illegal immigrants (I can’t tell from the article whether it does or not).


6 posted on 05/26/2011 11:38:22 AM PDT by FewsOrange
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To: South40
Sotomayor, the ‘wise Latina’ dissented? What a shocker.

She is a racist; a "Brown Supremacist" - there is no other reason. The rules that everyone else must abide by, obviously do not apply to Mexicans.

7 posted on 05/26/2011 11:38:57 AM PDT by Hodar (Who needs laws .... when this "feels" so right?)
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To: NormsRevenge

It’s really ironic that then Gov. Napolitano signed this into law and is now carrying Obama’s water being against it and is for amnesty and open borders.


8 posted on 05/26/2011 11:40:53 AM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
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To: Hodar

Of course she’s a racist, that’s why Hussein nominated her. It’s part of his punish America for the sins of the fathers campaign.


9 posted on 05/26/2011 11:43:12 AM PDT by South40 (Ron Paul and his flaming antiwar spam monkeys can Kiss my Ass!!" -- Jim Robinson, 09/30/07)
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To: NormsRevenge
The Supreme Court on Thursday gave Arizona and other states more authority to take action against illegal immigrants and the companies that hire them, ruling that employers who knowingly hire illegal workers can lose their license to do business.

I say this again. I don't see why it is the responsibility of business owners to identify illegal aliens; and why we need to criminalize them when they don't.

If the government can show up and have enough info to make a case against such businessmen, then they obviously have enough info to deport the illegal alien.

My guess is the way it is now, that when an employer does reject a potential worker because his data doesn't check out, the potential worker just walks out of his business and tries another. The government does NOTHING.

ML/NJ

10 posted on 05/26/2011 11:44:10 AM PDT by ml/nj
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To: NormsRevenge
So, 3 Supreme Court Judges said in effect:

If a known illegal alien is in the mall killing people, the local and state police have no authority to arrest him as only the Federalles have that authority!

This is the natural extension of their opinion.

11 posted on 05/26/2011 11:44:15 AM PDT by Snuph ("give me Liberty...")
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To: Lurker

And start in New Jersey FIRST.


12 posted on 05/26/2011 11:44:36 AM PDT by Rumplemeyer
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To: jazusamo

SCOTUS upholds Big Sis legislation. There’s going to be some serious backpedaling tonight on demTV. I have to miss it though - I’m going catfishin’


13 posted on 05/26/2011 11:45:30 AM PDT by ComputerGuy (HM2/USN M/3/3 Marines RVN 66-67)
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To: FewsOrange
"This is a much more efficient way to tackle the illegal immigration issue. Rather than trying to catch illegal immigrants one at a time you can go after a business that employs dozens or maybe hundreds of illegal immigrants."

I totally agree! Jobs are what makes the illegals come here for the most part, and along for the ride comes the worker's unemployed girlfriend who will draw government handouts and download an anchor baby. If jobs are difficult if not impossible for the men to get, they will either self deport, or not come here in the first place. When you go to an amusement park and none of the rides are operating, you turn around and go back home. Same thing will happen here.

14 posted on 05/26/2011 11:46:15 AM PDT by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
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To: NormsRevenge

Gee, the Supreme court upholding the law...what a shock!


15 posted on 05/26/2011 11:48:52 AM PDT by jetson
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To: NormsRevenge

“dissent by the badger ginsburg hag and the fat mexican dyke. What a surprise.


16 posted on 05/26/2011 11:54:28 AM PDT by Neoliberalnot ((Read "The Grey Book" for an alternative to corruption in DC))
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To: ml/nj
I don't see why it is the responsibility of business owners to identify illegal aliens; and why we need to criminalize them when they don't.

It is the responsibility of a business owner to ensure that they obey employment laws. That means if they are paying someone then that person needs to furnish a legitimate social security number.
17 posted on 05/26/2011 11:59:12 AM PDT by FewsOrange
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To: NormsRevenge

Thank you, President George W. Bush, the man too many cranks on both the Right and Left mindlessly hate to this day. I keep seeing self-styled “real” conservatives say he was a liberal. Nonsense! In some respects he was more authentically conservative than Ronald Reagan.


18 posted on 05/26/2011 12:03:23 PM PDT by Wolfstar ("If you would win a man to your cause, first convince him that you are his friend." Abraham Lincoln)
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To: ml/nj
I say this again. I don't see why it is the responsibility of business owners to identify illegal aliens; and why we need to criminalize them when they don't.

Liken future efforts to merely verify citizenship before hiring as a sort of repayment to society at large for all of those decades of unscrupulous businessmen externalizing to the taxpayers the costs of incarcerating and educating Third World scumbags—since the citizens didn't get a real voice in the "business decision" as to whether they wanted to pay that toll.
19 posted on 05/26/2011 12:08:58 PM PDT by Goldsborough
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To: NormsRevenge

Very good! I’m just shocked that Kennedy voted to uphold the law. Maybe he is not becoming the commie lib he seemed to be. This is good news both for AZ and for Kennedy.


20 posted on 05/26/2011 12:09:38 PM PDT by Freedom_Is_Not_Free (Josh Ferrin for President - he is my new hero.)
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