Sunday, May 29, 2011

A Win for Arizona, and the Rule of Law

May 27, 2011 4:00 A.M.

The Supreme Court on Thursday upheld Arizona’s 2007 law requiring all employers in the state to use the federal E-Verify system for screening out illegal aliens and revoking the business licenses of firms that knowingly hire them.

The court split 5–3 along party lines: Breyer, Ginsburg, and Sotomayor (Kagan recused herself) ignored the plain meaning of the federal law empowering states to use their licensing power to address the employment of illegal workers. Chief Justice Roberts, on the other hand, found “no basis in law, fact, or logic” for the argument that Arizona should be stopped from doing so in the name of federal “preemption” of state activity.

It’s an important win for many reasons, not least of them the fact that Arizona’s E-Verify mandate actually works. While the illegal-alien population nationwide fell 7 percent from 2008 to 2009, according to the Department of Homeland Security, the number of illegal aliens in Arizona fell by nearly 18 percent, and many analysts credit the E-Verify mandate with that success. Post Continues on

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