Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

'Business death penalty' for hiring illegal workers is upheld by Supreme Court (5 - 3)
La Times ^ | 5/26/11 | David G. Savage

Posted on 05/26/2011 11:31:58 AM PDT by NormsRevenge

The Supreme Court on Thursday gave Arizona and other states more authority to take action against illegal immigrants and the companies that hire them, ruling that employers who knowingly hire illegal workers can lose their license to do business.

The 5-3 decision upholds the Legal Arizona Workers Act of 2007 and its so-called business death penalty for employers who are caught repeatedly hiring illegal immigrants. The state law also requires employers to check the federal E-Verify system before hiring new workers, a provision that was also upheld Thursday.

The court's decision did not deal with the more controversial Arizona law passed last year that gave police more authority to stop and question those who are suspected of being in the state illegally. But the ruling is likely to encourage the state and its supporters because the court majority said states remained free to take action involving immigrants.

Thursday's decision is a defeat for the U.S. Chamber of Commerce, several civil-rights groups and the Obama administration, all of whom opposed the Arizona law and its sanctions on employers. They argued that federal law said states may not impose "civil or criminal sanctions" on employers.

But Chief Justice John G. Roberts Jr. said another portion of the same law made clear that states were free to use their "licensing" laws to punish employers. Justices Antonin Scalia, Anthony M. Kennedy, Clarence Thomas and Samuel A. Alito Jr. formed the majority in Chamber of Commerce vs. Whiting.

The Arizona law upheld Thursday was signed into law by then-Gov. Janet Napolitano, .. now .. secretary of Homeland Security for President Obama.

In dissent were Justices Stephen G. Breyer, Ruth Bader Ginsburg and Sonia Sotomayor. They said federal law prohibited states from imposing their own immigration-related rules on employers. Justice Elena Kagan sat out the case.

(Excerpt) Read more at latimes.com ...


TOPICS: Business/Economy; Culture/Society; Government; Politics/Elections
KEYWORDS: aliens; business; deathpenalty; hiring; illegalworkers

1 posted on 05/26/2011 11:31:59 AM PDT by NormsRevenge
[ Post Reply | Private Reply | View Replies]

To: NormsRevenge

Excellent. Now start enforcing it without mercy.


2 posted on 05/26/2011 11:33:55 AM PDT by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge

Good. This is a rare issue where the Chamber is on the wrong side of the issue. IMO, we will never as a country have the will to act on the illegals to the point of massive deportation, so the next best thing is to dry up the incentive for these folks to come here illegally in the first place.


3 posted on 05/26/2011 11:35:33 AM PDT by ilgipper
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge

Sotomayor, the ‘wise Latina’ dissented? What a shocker.


4 posted on 05/26/2011 11:35:39 AM PDT by South40 (Ron Paul and his flaming antiwar spam monkeys can Kiss my Ass!!" -- Jim Robinson, 09/30/07)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge
In dissent were Justices Stephen G. Breyer, Ruth Bader Ginsburg and Sonia Sotomayor.

The Wide Latina loses another one.

5 posted on 05/26/2011 11:37:18 AM PDT by skeeter
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge

This is a much more efficient way to tackle the illegal immigration issue. Rather than trying to catch illegal immigrants one at a time you can go after a business that employs dozens or maybe hundreds of illegal immigrants.

It should also apply to farms that employ illegal immigrants (I can’t tell from the article whether it does or not).


6 posted on 05/26/2011 11:38:22 AM PDT by FewsOrange
[ Post Reply | Private Reply | To 1 | View Replies]

To: South40
Sotomayor, the ‘wise Latina’ dissented? What a shocker.

She is a racist; a "Brown Supremacist" - there is no other reason. The rules that everyone else must abide by, obviously do not apply to Mexicans.

7 posted on 05/26/2011 11:38:57 AM PDT by Hodar (Who needs laws .... when this "feels" so right?)
[ Post Reply | Private Reply | To 4 | View Replies]

To: NormsRevenge

It’s really ironic that then Gov. Napolitano signed this into law and is now carrying Obama’s water being against it and is for amnesty and open borders.


8 posted on 05/26/2011 11:40:53 AM PDT by jazusamo (His [Obama's] political base---the young, the left and the thoughtless: Thomas Sowell)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Hodar

Of course she’s a racist, that’s why Hussein nominated her. It’s part of his punish America for the sins of the fathers campaign.


9 posted on 05/26/2011 11:43:12 AM PDT by South40 (Ron Paul and his flaming antiwar spam monkeys can Kiss my Ass!!" -- Jim Robinson, 09/30/07)
[ Post Reply | Private Reply | To 7 | View Replies]

To: NormsRevenge
The Supreme Court on Thursday gave Arizona and other states more authority to take action against illegal immigrants and the companies that hire them, ruling that employers who knowingly hire illegal workers can lose their license to do business.

I say this again. I don't see why it is the responsibility of business owners to identify illegal aliens; and why we need to criminalize them when they don't.

If the government can show up and have enough info to make a case against such businessmen, then they obviously have enough info to deport the illegal alien.

My guess is the way it is now, that when an employer does reject a potential worker because his data doesn't check out, the potential worker just walks out of his business and tries another. The government does NOTHING.

ML/NJ

10 posted on 05/26/2011 11:44:10 AM PDT by ml/nj
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge
So, 3 Supreme Court Judges said in effect:

If a known illegal alien is in the mall killing people, the local and state police have no authority to arrest him as only the Federalles have that authority!

This is the natural extension of their opinion.

11 posted on 05/26/2011 11:44:15 AM PDT by Snuph ("give me Liberty...")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lurker

And start in New Jersey FIRST.


12 posted on 05/26/2011 11:44:36 AM PDT by Rumplemeyer
[ Post Reply | Private Reply | To 2 | View Replies]

To: jazusamo

SCOTUS upholds Big Sis legislation. There’s going to be some serious backpedaling tonight on demTV. I have to miss it though - I’m going catfishin’


13 posted on 05/26/2011 11:45:30 AM PDT by ComputerGuy (HM2/USN M/3/3 Marines RVN 66-67)
[ Post Reply | Private Reply | To 8 | View Replies]

To: FewsOrange
"This is a much more efficient way to tackle the illegal immigration issue. Rather than trying to catch illegal immigrants one at a time you can go after a business that employs dozens or maybe hundreds of illegal immigrants."

I totally agree! Jobs are what makes the illegals come here for the most part, and along for the ride comes the worker's unemployed girlfriend who will draw government handouts and download an anchor baby. If jobs are difficult if not impossible for the men to get, they will either self deport, or not come here in the first place. When you go to an amusement park and none of the rides are operating, you turn around and go back home. Same thing will happen here.

14 posted on 05/26/2011 11:46:15 AM PDT by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
[ Post Reply | Private Reply | To 6 | View Replies]

To: NormsRevenge

Gee, the Supreme court upholding the law...what a shock!


15 posted on 05/26/2011 11:48:52 AM PDT by jetson
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge

“dissent by the badger ginsburg hag and the fat mexican dyke. What a surprise.


16 posted on 05/26/2011 11:54:28 AM PDT by Neoliberalnot ((Read "The Grey Book" for an alternative to corruption in DC))
[ Post Reply | Private Reply | To 1 | View Replies]

To: ml/nj
I don't see why it is the responsibility of business owners to identify illegal aliens; and why we need to criminalize them when they don't.

It is the responsibility of a business owner to ensure that they obey employment laws. That means if they are paying someone then that person needs to furnish a legitimate social security number.
17 posted on 05/26/2011 11:59:12 AM PDT by FewsOrange
[ Post Reply | Private Reply | To 10 | View Replies]

To: NormsRevenge

Thank you, President George W. Bush, the man too many cranks on both the Right and Left mindlessly hate to this day. I keep seeing self-styled “real” conservatives say he was a liberal. Nonsense! In some respects he was more authentically conservative than Ronald Reagan.


18 posted on 05/26/2011 12:03:23 PM PDT by Wolfstar ("If you would win a man to your cause, first convince him that you are his friend." Abraham Lincoln)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ml/nj
I say this again. I don't see why it is the responsibility of business owners to identify illegal aliens; and why we need to criminalize them when they don't.

Liken future efforts to merely verify citizenship before hiring as a sort of repayment to society at large for all of those decades of unscrupulous businessmen externalizing to the taxpayers the costs of incarcerating and educating Third World scumbags—since the citizens didn't get a real voice in the "business decision" as to whether they wanted to pay that toll.
19 posted on 05/26/2011 12:08:58 PM PDT by Goldsborough
[ Post Reply | Private Reply | To 10 | View Replies]

To: NormsRevenge

Very good! I’m just shocked that Kennedy voted to uphold the law. Maybe he is not becoming the commie lib he seemed to be. This is good news both for AZ and for Kennedy.


20 posted on 05/26/2011 12:09:38 PM PDT by Freedom_Is_Not_Free (Josh Ferrin for President - he is my new hero.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge

YAY! Faith restored in the justice system somewhat.


21 posted on 05/26/2011 12:13:28 PM PDT by PATRIOT1876 (The only crimes that are 100% preventable are crimes committed by illegal aliens)
[ Post Reply | Private Reply | To 1 | View Replies]

To: KoRn
When you go to an amusement park and none of the rides are operating, you turn around and go back home.

No, you force your way in with a BB gun, hold John Candy hostage and make him operate the rides and ride them with you. But, I agree that this is a good idea.

22 posted on 05/26/2011 12:17:43 PM PDT by tnlibertarian (Hey D. C., tax increases are not spending cuts. Nor do tax cuts constitute increased spending.)
[ Post Reply | Private Reply | To 14 | View Replies]

To: FewsOrange

“It is the responsibility of a business owner to ensure that they obey employment laws. That means if they are paying someone then that person needs to furnish a legitimate social security number.”

I agree that business owners have responsibility to make reasonable checks. However, I am concerned that E-Verify is not good tool because the administration does not want to fix it. Will employers be held responsible for the failures of E-Verify? Can an employer who uses E-Verify be sued by legal residents who do not pass E-Verify? You can be sure that the illegal alien has these tactics ready to undermine Arizona’s law. You can also bet that the administration will ignore easily correctable flaws in E-Verify to undermine Arizona’s law.

I like the score so far:

Arizona 1, Dear Leader 0


23 posted on 05/26/2011 12:18:39 PM PDT by businessprofessor
[ Post Reply | Private Reply | To 17 | View Replies]

To: NormsRevenge
"In dissent were Justices Stephen G. Breyer, Ruth Bader Ginsburg and Sonia Sotomayor."


24 posted on 05/26/2011 12:23:36 PM PDT by Emperor Palpatine (One of these days, Alice....one of these days.....POW!! Right in the kisser!!!!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: NormsRevenge

Thank you, President George W. Bush, the man too many cranks on both the Right and Left mindlessly hate to this day. I keep seeing self-styled “real” conservatives say he was a liberal. Nonsense! In some respects he was more authentically conservative than Ronald Reagan.


25 posted on 05/26/2011 12:23:44 PM PDT by Wolfstar ("If you would win a man to your cause, first convince him that you are his friend." Abraham Lincoln)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ml/nj

They’re just as complicit in it as the illegals are. They’ve tacitly approved of using illegals as a cheap source of labor for years, and its high time they face the music, too.

Nail ‘em both.


26 posted on 05/26/2011 12:29:04 PM PDT by Emperor Palpatine (One of these days, Alice....one of these days.....POW!! Right in the kisser!!!!)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Wolfstar

Sorry for the double post. Am posting from work on my cell phone. Difficult.


27 posted on 05/26/2011 12:31:15 PM PDT by Wolfstar ("If you would win a man to your cause, first convince him that you are his friend." Abraham Lincoln)
[ Post Reply | Private Reply | To 25 | View Replies]

To: NormsRevenge

California, here they come...


28 posted on 05/26/2011 12:40:50 PM PDT by Buckeye McFrog
[ Post Reply | Private Reply | To 1 | View Replies]

To: skeeter

She’s a worthless, illegal-cockroach-defending POS.

It’s too bad that “take away the jobs and they’ll leave” doesn’t apply. The gubmint gives them so much free stuff they won’t leave.


29 posted on 05/26/2011 12:50:07 PM PDT by Crcl1
[ Post Reply | Private Reply | To 5 | View Replies]

To: NormsRevenge

It’s about time. I can not tell you how many good, honest businessmen have been run out of business by the cheating scum who hire illegals.

When this recession is over, and employment is back to 4% if they want to bring in workers on a temporary visa (with no path to citizenship) I’m all for it. If they want to increase LEGAL immigration from Mexico and make sure that whoever is coming here has a responsible sponsor, then fine. But this waltz across the border, breaking all laws, has led to the near distruction of California, Arizona is on the brink, the plague has gone as far north as Maine.


30 posted on 05/26/2011 12:54:49 PM PDT by McGavin999 ("I was there when we had the numbers, but didn't have the principles"-Jim DeMint)
[ Post Reply | Private Reply | To 1 | View Replies]

To: tnlibertarian

LOL!!!!!!!!!!!


31 posted on 05/26/2011 12:55:35 PM PDT by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
[ Post Reply | Private Reply | To 22 | View Replies]

To: ml/nj

Sure, when they hire hundreds of illegals, none of whom speak English, the employer doesn’t have a clue, he is really just another victum.


32 posted on 05/26/2011 2:13:41 PM PDT by itsahoot (We make jokes, they make progress. Dimmitude, get used to it.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: itsahoot
Sure, when they hire hundreds of illegals, none of whom speak English, the employer doesn’t have a clue, he is really just another victim.

My point is that employers are not law enforcement folks. We have entire government agencies that are supposed rid us of these pests. How about the cop that drives past those daily shape ups of the obviously illegal day workers? Oh. It's not his job. Well, make it his f*****g job and leave businessmen alone.

What do you think about landlords who rent to these folks? Lets nail them too. Or grocery stores that sell to them?

And politicians who pander to them!

ML/NJ

33 posted on 05/26/2011 2:25:29 PM PDT by ml/nj
[ Post Reply | Private Reply | To 32 | View Replies]

To: ml/nj

Yep, nail all of them including the sanctuary cities. There are many guilty parties here, but companies with dozens or hundreds of employees know when they have illegals working for them. Until they are forced to make an effort, they will continue. Unless you personally employ illegals, I don’t understand you objection. Care to elaborate?


34 posted on 05/26/2011 4:07:33 PM PDT by itsahoot (We make jokes, they make progress. Dimmitude, get used to it.)
[ Post Reply | Private Reply | To 33 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson