1985 or 2007 (still) Federal Inaction…

U.S. Supreme Court

The U.S. Supreme Court said on Monday it would hear a legal challenge by business, civil rights and immigration groups to an Arizona law that punishes employers who knowingly hire illegal immigrants. The nation’s highest court agreed to decide whether the 2007 state law infringed on federal immigration powers and should be struck down.

Please make no mistake here this is not the new Arizona immigration law passed earlier this year that allows law enforcement officers to inquire about a person’s immigration status. It should be noted that Arizona’s new S.B. 1070 has been criticized by President Barack Obama, yet at the same time readily admits the decision by the states is a direct result of “…inaction from the federal government…”

This issue is completely out of sorts with everything that is happening on the illegal immigration front; assuredly, this is a politicalization to appease illegals and their advocacy groups. The notion of government sponsored identity checks with access to federal databases has always been a part of the alleged “Comprehensive Immigration Reform” package wanted by illegal’s and the special interest groups that represent them. For the sake of this writing we are addressing the issue of E-Verify and other biometric devices that will stop the influx of illegal aliens into the country and gaining employment. 

The Obama administration last month urged the Supreme Court to rule that the 2007 law was preempted by federal immigration rules and would disrupt the careful legal balance that the U.S. Congress struck nearly 25 years ago. This particular legislation could only be The Immigration Reform and Control Act (IRCA), also known as the Simpson-Massoli Act of 1985.

The Immigration Reform and Control Act (IRCA), Pub.L. 99-603, 100 Stat. 3359, enacted November 6, 1986, also Simpson-Mazzoli Act, is an Act of Congress which reformed United States immigration law.

Required employers to attest to their employees’ immigration status, and granted amnesty to certain illegal immigrants who entered the United States before January 1, 1982 and had resided there continuously

Made it illegal to knowingly hire or recruit illegal immigrants (immigrants who do not possess lawful work authorization)

One good reading of the Act clearly explains why it is considered the “…careful legal balance…” that Congress struck nearly 25 years ago. With all due respect if one looks at the time frame (1985) then looks to the status of affairs going on in the U.S. all of the parties privy to the passing of this Act – Executive branch and the Legislative branch – were in fact, trying to get the very first amnesty passed.

The Arizona law suspends or revokes licenses to do business in the state in order to penalize employers who knowingly hire illegal immigrants. It also requires employers to use an electronic verification system to check the work-authorization status of employees through federal records. Moreover, Arizona defended its law and told the Supreme Court that states have a significant interest in addressing illegal immigration and may serve as a testing ground for new ideas that inform the national debate on immigration policy.

However, opponents urged the Supreme Court to make clear that the federal government sets national immigration policy and to reject the patchwork of state and local immigration laws, including the one in Arizona. Tell us now…who are these “opponents” supposed to be joking — you or the special interest groups.