The US Supreme Court asked the White House today for its views on the state legislation that imposes penalties against employers hiring illegal aliens.
The background of this latest development was originated from the US Chamber of Commerce’s recent attempt for a lawsuit against Arizona legislature for a piece of Arizona state legislation of 2006 known as “Legal Arizona Workers Act” (LAWA) authorizing penalties against companies for hiring undocumented immigrants in the State of Arizona. Such penalties as authorized under LAWA of 2006 include suspension and revocation of Arizona state business licenses for companies who have “knowingly or intentionally” hired illegal immigrants. The Chamber, in a joint effort with many other corporate, labor, immigration and civil rights organizations, is challenging if state actually has the power to enact any legislation that imposes penalties for immigration related causes that have always and traditionally been a federal subject matter, among others.
Incidentally, the person who signed this state law in question for the State of Arizona was no other than the current chief in charge of the immigration matters for the administration: the present US Department of Homeland Security Secretary, Janet Napolitano, who was back then the Arizona governor.
Because of the exceptional national importance and extremely landmark making potential consequence this case might carry, the Court, before it agrees to take up the case, did agree to asking the administration’s Solicitor General, Elena Kagan, to provide the Court a legal briefing underlining the government’s positioning on the issue for the Court’s review.
Yu, South & Associates believes this could be a very tricky situation for the Obama government like a double-edged sword, both legally and politically, given the complexity and broadness of the issues. Yu, South & Associates will monitor the development closely and will bring you the updates on the matter as it evolves because the outcome of this pending effort might endorse or undermine many legislations by all other states including those well-known immigration related municipal rules or city codes imposing penalties such as restrictions and fines on the landlords in leasing properties to undocumented immigrants by the City of Farmers Branch in the North Texas areas.
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