Thursday, May 26, 2011

Arizona Wins Suit in Supreme Court

In what looks like a win for state based immigration reform and a loss for any federal reform, Arizona today won a supreme court case which will create penalties for the employment of undocumented workers.  The Legal Workers Act, which was passed in 2007, was later challenged by the US Chamber of Commerce.  While the Chamber of Commerce, different civil rights groups, proponents of federal immigration reform, and the American Civil Liberties Union opposed this Arizona law, individuals advocating for stricter regulation of immigration sided with the state of Arizona.

While this legislation is not as controversial as others that have gone to court rulings, it may serve as a benchmark case in the debate over the length of state reach in immigration legislation.  While the Obama administration mourns this Supreme Court ruling, states that have become harsh opponents to recent immigration trends may elect to push more anti-immigration legislation.  At a federal level, we are struggling to set any immigration precedents, so it is only a matter of time before states start overextending their power.  This case marks crucial legislation, in which Arizona attempted to set strict regulations punishing businesses who knowingly employ undocumented workers.  The fact Arizona was challenged by a federal entity and won in the Supreme Court should come as troubling news to those of us who have been waiting for federal action on immigration reform.

As a follow-up to my last post, this comes as bad news to me for a variety of reasons.  I am deeply troubled by the evident lack of power that the Obama administration is showing on immigration issues.  Because this has been ignored throughout his entire presidency, states are lining up to take their piece of the immigration pie.   We see Arizona as the chief precedent setters now, but their landmark pieces of legislation do not go unnoticed by others.  To me, any win for the state of Arizona comes as a debilitating blow.  As this southwest haven for anti-immigrant sentiment grows, I am beginning to lose hope.  What is next?  How many losses must we suffer before we can start conversation about federal immigration reform?

1 comment:

  1. My hopes of injunction of HB87 in GA before July 1 are slipping away... I miss ya, bud! Let's catch up soon!

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