Arizona Law Penalizing Employers Who Hire Illegal Workers Is Preempted, Says Solicitor General

The Obama Administration late Friday urged the U.S. Supreme Court to find that Arizona’s law penalizing employers who hire illegal immigrants is preempted by federal law.

The Court asked for the views of the Office of Solicitor General last November. The case, already controversial within the nation’s business community, drew increased attention as speculation heightened that Solicitor General Elena Kagan was a leading contender to fill a potential Supreme Court vacancy. Political and academic observers viewed the government’s response as a possible window into how it would regard Arizona’s most recent law authorizing police to arrest suspected illegal immigrants as well as into Kagan’s own views.

However, Acting Solicitor General Neal Katyal, responded to the Court’s invitation. He urged the justices to hear Chamber of Commerce of the United States v. Candelaria and to reverse a ruling in March 2009 by the U.S. Court of Appeals for the 9th Circuit which upheld the controversial state law...

Katyal urged the justices to answer the first question only. He noted that states and localities throughout the country have enacted—and are continuing to consider and enact—statutes and ordinances regulating the employment of unauthorized workers.

He said the employer sanctions “disrupt a careful balance that Congress struck nearly 25 years ago between two interests of the highest importance: ensuring that employers do not undermine enforcement of immigration laws by hiring unauthorized workers, while also ensuring that employers not discriminate against racial and ethnic minorities legally in the country.”

http://legaltimes.typepad.com/blt/2010/05/-arizona-law-penalizing-employers-who-hire-illegal-workers-is-preempted-says-solicitor-general.html


Previous posts

Katyal Now Acting Solicitor General (Tue May-18-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8356222

Times of India: PIO Neal Katyal poised to become US solicitor general (Sat May-22-10)
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8388936

which directly interferes with role of local law enforcement and U.S. immigration enforcement. (Heard presser of police chiefs ass'n. which had met with Holder.)

http://www.washingtonpost.com/wp-dyn/content/article/2010/05/26/AR2010052601200.html?hpid=moreheadlines

if there are no jobs they wouldn't come here. i don't blame people who have families to feed for wanting to come here to get work. i blame the people who are hiring them.