by: Daniel Nardini
The U.S. Supreme Court has made a number of bad decisions throughout its history. This sadly is one of them. On Thursday, May 26th, the U.S. Supreme Court by a five to three decision ruled that the State of Arizona can fine and deprive employers of their licenses to operate if they employ undocumented. The court ruled that Arizona’s law was constitutional because it followed the E-Verify program set up by the U.S. Department of Homeland Security that requires all businesses to check with the E-Verify database on all employees.
The implications are already clear. Other states, especially those controlled by Republicans (but also by Democrats) now have the green light to set up similar laws without any retaliation from the federal government. This is a stinging major defeat not only for U.S. President Barack Obama but also for immigration reform. Worse, it advances the possibility that Arizona’s state immigration law may be possibly ruled constitutional by the Supreme Court. President Obama in good measure has to blame himself for this. Despite his promises to bring about immigration reform during his presidential campaign in 2008, he has done the exact opposite.
He has had more undocumented imprisoned and deported than was done under his predecessor. President Obama has in fact toughened the regulations of the E-Verify program by issuing executive orders to audit employers nationally who are not in compliance with the program. And Obama has done nothing to change the way the immigration system works even though he is now nearly three years into his presidency. His actions have proven consistent with the anti-immigrant climate permeating this country. His actions coincide with the anti-immigrant measures being pushed by the Republicans both in the U.S. Congress and in the states.
So it comes as no shock that the U.S. Supreme Court has simply followed the laws laid out by the executive and the legislature. Without any major changes in trying to deal with the undocumented in this country and trying to create a mechanism for how immigration should be reformed, it is not surprising how the U.S. Supreme Court ruled. But the ruling is still a bad ruling in so many respects. It now gives power to the states that can and will allow them to copy Arizona’s employment law. It will also embolden a good number of the states to pass their own immigration laws similar to Arizona’s.
This has already happened in Georgia, and no doubt the trend will now grow. In fact, a number of states will pass state immigration laws couched in stringent employer laws on employers checking the status of all employees. In my view, amnesty and reforming the immigration system would have been better for America because it is in my view the best and least socially and politically invasive means of dealing with the immigration problem. What is happening now may in fact set a dangerous precedent for Americans being forced to carry national identity cards, further losing their constitutional privacy, and trashing the U.S. Constitution. May 26th was truly Black Thursday.
Black Thursday
by: Daniel Nardini
The U.S. Supreme Court has made a number of bad decisions throughout its history. This sadly is one of them. On Thursday, May 26th, the U.S. Supreme Court by a five to three decision ruled that the State of Arizona can fine and deprive employers of their licenses to operate if they employ undocumented. The court ruled that Arizona’s law was constitutional because it followed the E-Verify program set up by the U.S. Department of Homeland Security that requires all businesses to check with the E-Verify database on all employees.
The implications are already clear. Other states, especially those controlled by Republicans (but also by Democrats) now have the green light to set up similar laws without any retaliation from the federal government. This is a stinging major defeat not only for U.S. President Barack Obama but also for immigration reform. Worse, it advances the possibility that Arizona’s state immigration law may be possibly ruled constitutional by the Supreme Court. President Obama in good measure has to blame himself for this. Despite his promises to bring about immigration reform during his presidential campaign in 2008, he has done the exact opposite.
He has had more undocumented imprisoned and deported than was done under his predecessor. President Obama has in fact toughened the regulations of the E-Verify program by issuing executive orders to audit employers nationally who are not in compliance with the program. And Obama has done nothing to change the way the immigration system works even though he is now nearly three years into his presidency. His actions have proven consistent with the anti-immigrant climate permeating this country. His actions coincide with the anti-immigrant measures being pushed by the Republicans both in the U.S. Congress and in the states.
So it comes as no shock that the U.S. Supreme Court has simply followed the laws laid out by the executive and the legislature. Without any major changes in trying to deal with the undocumented in this country and trying to create a mechanism for how immigration should be reformed, it is not surprising how the U.S. Supreme Court ruled. But the ruling is still a bad ruling in so many respects. It now gives power to the states that can and will allow them to copy Arizona’s employment law. It will also embolden a good number of the states to pass their own immigration laws similar to Arizona’s.
This has already happened in Georgia, and no doubt the trend will now grow. In fact, a number of states will pass state immigration laws couched in stringent employer laws on employers checking the status of all employees. In my view, amnesty and reforming the immigration system would have been better for America because it is in my view the best and least socially and politically invasive means of dealing with the immigration problem. What is happening now may in fact set a dangerous precedent for Americans being forced to carry national identity cards, further losing their constitutional privacy, and trashing the U.S. Constitution. May 26th was truly Black Thursday.