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: Masliah & Soloway

Supreme Court Signals Interest in Federal/State Conflict over Immigration Law Enforcement

The Supreme Court indicated this week that it may address the question of whether individual States, as opposed to the federal government, can enforce federal immigration law.
Specifically, the Supreme Court asked the U.S. Department of Justice for its view on whether a 2007 Arizona law that allows the State of Arizona to enforce federal immigration laws is constitutional. Among other things, the Arizona law in question requires employers in Arizona to utilize a federal electronic system to verify whether their newly hired employees are legal and permits the State of Arizona to sanction employers it finds to have ?knowingly and intentionally? hired illegal workers.
The Arizona law is being used by other states as a model, and opponents of the law are concerned about the possible rise of a patchwork of state enforcement measures that are inconsistent, hostile to business and immigrants, and unable to address or resolve the multiple immigration issues the U.S. faces. Opponents also assert that enforcement at the state level is unconstitutional, and that the power to enforce federal immigration law resides solely with the federal government.
The Supreme Court?s request may cause the Obama Administration to clarify certain aspects of its immigration policy. President Obama has indicated that he favors a federal solution to immigration issues. Now, through his Justice Department, he will have to decide whether he thinks federal reform is simply the best solution, or whether it is the only solution possible under the Constitution. Some disagreement on the constitutional issue may exist within his cabinet, though; while Obama?s Secretary of the Department of Homeland Security, Janet Napolitano, has confirmed her support for comprehensive federal immigration reform, she has also supported local (State) enforcement. She is the person who, as Arizona?s then governor, signed the law in question. And, as noted below, she delivered a major speech on immigration enforcement and reform today in Washington.
See also, "Governor to Release Report on Massachussetts Immigration Reform," Boston Herald, November 14, 2009.

Full post as published by Masliah & Soloway on November 13, 2009 (boomark / email).