Read the U.S. Supreme Court decision upholding E-Verify

The U.S. Supreme Court has apparently upheld the right of the state of Arizona to require businesses to use the federal E-Verify system to ascertain that new hires are legal U.S. residents.

Read the opinion here – courtesy of SCOTUSblog.

The challenge was brought by the U.S. Chamber of Commerce, and obviously has tremendous implications for Georgia – which adopted a similar requirement this spring.

From the opinion, written by Chief Justice John Roberts:

Arizona’s use of E-Verify does not conflict with the federal scheme. The Arizona law requires that “every employer, after hiring an employee, shall verify the employment eligibility of the employee” through E-Verify….That requirement is entirely consistent with the federal law…..

- By Jim Galloway, Political Insider

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79 comments Add your comment

Ric

May 26th, 2011
11:07 am

It may be constitutional, but that doesn’t mean it’s good public policy.

TG

May 26th, 2011
11:23 am

I totally agree joe!!! Well said! There is a huge difference between legal immigration and illegal immigration.

joe

May 26th, 2011
11:25 am

Hooray…hope this is the first step to proper border enforcement and stopping illegal immigration. The fact that the Fed chooses not to enforce our existing laws is mind blowing. Anyone who wants to come to the US needs to do it the legal way, and then will be welcomed just all those who did it the right way have been in the past.

Bob

May 26th, 2011
11:29 am

Now, watch every slimey employer, contractor, engineering firm 1099 all their illegal employees, avoiding the law again. Or, they will revert to cash payments. This case is one step,, but until they close that loophole, too, the fight to control our borders is on-going.

Harry

May 26th, 2011
11:37 am

A win for federalism; a loss for centralized command and control.

Another Voice

May 26th, 2011
11:37 am

More people will be paid with cash under the table and no taxes for state and local governments.

Another Voice

May 26th, 2011
11:40 am

@Joe you may want to inform yourself better about this, there was and still there is no legal way for low skill immigrants to come here legally, there is NO LINE, due to broken immigration system. Therefore when these immigrants face a choice between a life of misery or a life of illegality, the choice is easy for them….they know that the worst job in America will help them live way better than life in their country. Second most illegal immigrants about 55% are visa over stayers they did not sneak across the border.

Law is Law

May 26th, 2011
11:43 am

1099 (no loophole here) or under the table, the law is the law. Employers breaking this law stand the chance on penalties including losing business license. Not worth the risk. That’s why there is a law deterring this behavior.

Aquagirl

May 26th, 2011
11:44 am

State politicians everywhere are FREAKING OUT. Now they have to choose between their tough anti-illegal talk and their big business political donations. Get your popcorn ready, folks. It’s gonna be a good one.

Edward

May 26th, 2011
11:50 am

Now watch the business lobbyists schmooze and bribe the GOP to do something to invalidate any law a state might make. Business and the GOP don’t want such laws because it costs them money. Money is way more important to them than law or patriotism or the welfare of any citizen.

Law is Law

May 26th, 2011
11:50 am

It has never been legal, but employers were never required to check someone’s status before hiring them. Now they ARE required to check. A win for States in need of illegal relief. A win for real American workers too.

Ric

May 26th, 2011
11:51 am

Exactly right, Another Voice!
The best way to end unauthorized immigration is to make it easier to come here legally. Raise quotas, simplify the system, and provide a robust, cost-efficient guest worker program — problem solved!

Avoid the extemes, folks.

May 26th, 2011
11:52 am

It is easy to have a reasonable policy that is fair to all involved that avoids the hyperbole of both the extreme right and the extreme left.

1- Build a fence along the southern border
2- Create a reasonable path to citizenship that requires that taxes be paid, that a command of the English language and an understanding of American government be demonstrated.
3- Give existing illegal immigrants 90 days to register for that path to citizenship or face aggressive enforcement and deportation.
4- Problem solved

It’s simple-minded to think that we can deport 10 million people and it’s unamerican to turn people away just because they don’t look like us. We ARE a nation of immigrants, after all. Likewise, it’s naive to leave our borders wide open and to think that we can absorb an unlimited number of immigrants that are a drain on our resources and that do not pay their share of the tax burden.

A little common sense on the part of the fringe elements would go a long way toward solving the problem.

joe

May 26th, 2011
11:55 am

@anotherV, I understand the LAW just fine. Whether or not an immigrant is low, medium or high skilled, as long as they can fill out an application (or have someone fill it out for them), then they are welcome to apply to come here legally. Yes it will take time, but that is just the way it is.

Just like I would have to apply and follow the procedures to become a citizen of a foreign country…there is a process in place, and since it is law, I would be required to follow it. Why should things be any different here…esp with all the expenses involved in providing for those here illegally (healthcare, food stamps, education for their kids, etc) and our high unemployment numbers. Stop these illegals from coming in and those who want to work hard will have a job (for those who are lazy like able bodied men begging on the interstate ramps, can’t help them).

Another Voice

May 26th, 2011
11:55 am

Building a fence won’t solve the problem last I checked ladders came in all sizes. Taking pressure off the border that works, if you create a way for people to come here legally based on economic needs and tell them how to do it. Then they will do that and the only people trying to cross the border illegally then are drug smugglers and gun runners. That way you are truly zoooming in on the bad apples…

PappyHappy

May 26th, 2011
11:59 am

Well, the ‘progressive liberals’ will now have hissy fits, and John Lewis will try to start some marches — but folks, the law is the law.

Obama’s concern will be how can he get the block vote of the Hispanics. He could care less about them as potential citizens — he only wants them to bolster his own personal power.

Obama has a bigger problem — he cannot even figure out what year it is!! Do you think he drunk too many ‘pints’??

Aquagirl

May 26th, 2011
11:59 am

“Build a fence on the southern border.”

People without jobs need to go find one. Look, I solved our 10% unemployment rate! Dang that was easy.

@ Another Voice

May 26th, 2011
12:02 pm

Respectfully, I think that any discussion of a functional immigration policy starts with building a fence. It is a border, after all, and needs to be treated as one. A line on a map does not stop illegal crossings. While ladders do come in all sizes and a fence will not stop all crossings, it will sure make crossing over a little tougher and undoubtedly cut back on the flow.

For what it’s worth, I agree that we need a much better way for people to become citizens and be here legally.

Another Voice

May 26th, 2011
12:03 pm

@Joe “all the expenses involved in providing for those here illegally (healthcare, food stamps, education for their kids, etc) and our high unemployment numbers.”
You are wrong again the do not qualify for any of these benefits because citizenship requirements and their kids are US citizens and immigrates pay taxes, therefore what ever they are using is not free they pay their kids way because taxes paid by them will never get back, such as SS taxes. They may be helping your grandma still get her benefits given that SS is broke….

Lance

May 26th, 2011
12:11 pm

Heck yeah! Come here legally or go the F Home!

DannyX

May 26th, 2011
12:14 pm

Get the E-verify system up and running immediately in every single south Georgia farm.

Don’t leave out the chicken plants. North Georgia manufacturing plants also.

Well?? What are you waiting for????

No worries, there are thousands of LEGAL Georgians lining up for those low paying, no benefit jobs.

This is going to be fun to watch.

downtowner

May 26th, 2011
12:22 pm

@ Another Voice:
Say what?? Only those born in the US are citizens, and plenty of immigrant children were born outside the U.S.. Also, the families of the so-called “anchor babies” are not citizens. Hospital emergency rooms must accept all “emergencies” who come; schools must educate all children ; many immigrants are paid in cash (no taxes or S.S. there) and send most of it back to their home country; the low wages they accept (because the employer need not pay their taxes or S.S.) increases the unemployment of American low-wage minorities.

tony

May 26th, 2011
12:22 pm

why do people hate immigrants so bad. there is enough room for everybody and here is a way to save the government a lot of money, STOP giving them medicaid and food stamps untill they are legal. there will be an awful lot of empty apartments and vacant buildings if we run all of the mexicans out which wii lead to a lot more forclosures.THINK AMERICA, especially GA , we are already broke and we want to get rid of hard working people who spend a lot of thier money right here. to me that is stupid

Doug

May 26th, 2011
12:29 pm

This is the kind of proper court decision that will help get us re-calibrated to thinking with our heads instead of our hearts. The law of the land will be enforced, even if it upsets your sense of political correctness. Most Americans have no problem with immigration, but most Americans hate illegal immigration.

Reality

May 26th, 2011
12:38 pm

“…we want to get rid of hard working people who spend a lot of thier money right here. to me that is stupid….”

WTF? And exactly how much are these so-called “hard working people” costing taxpayers?

DannyX

May 26th, 2011
12:42 pm

“The law of the land will be enforced,…”

It will not.

When Republican ideology meets reality there will be tons of loopholes and excuses on why the law should be ignored.

ponomo

May 26th, 2011
12:46 pm

illegals and obuma—one and the same. where are your papers obuma?

Reality

May 26th, 2011
12:48 pm

“When Republican ideology meets reality there will be tons of loopholes and excuses on why the law should be ignored.”

Thank you Nostradamus.

DannyX

May 26th, 2011
12:49 pm

This only thing this law does is allow those people that hate the “illegals” to say “we got ‘em’” It changes nothing.

The “illegals” aren’t going anywhere as long as Americans refuse to do the work. The employers can pay them next to nothing and when it comes right down to it no one is going to stop them from hiring them.

DannyX

May 26th, 2011
12:51 pm

“And those ol Republicans will probably sue Georgia like they did Arizona for “enforcing present Federal Laws”—-OH WAIT!! That was Obama!”

Was there a point there somewhere?

Just sayin...

May 26th, 2011
12:53 pm

“When Republican ideology meets reality there will be tons of loopholes and excuses on why the law should be ignored.”

And those ol Republicans will probably sue Georgia like they did Arizona for “enforcing present Federal Laws”—-OH WAIT!! That was Obama!

J Throckmorton Malcontent

May 26th, 2011
12:57 pm

Back when all you rural goobers voted Democrat, the Governors & Speaker Murphy never tried to mess with your harvesters. Then you had to go make a deal with the gated community devils in the R party. Look at you now, where did it get you? Guess you’ll have to pick your own onions.

DannyX

May 26th, 2011
1:01 pm

“Guess you’ll have to pick your own onions.”

Free onions! Free onions to all the “legals” that go pickin’. Hope there is some free Activan for the back pain you’ll get.

Just sayin...

May 26th, 2011
1:02 pm

“rural goobers voted Democrat……gated community devils in the R party.”

I take it the low IQ supported the Green Party.

Ed Shultz

May 26th, 2011
1:12 pm

Yeah! And do something about all those Cons and right wingers and their hate speech!

Concerned Citizen

May 26th, 2011
2:02 pm

This court also ruled that business had the right to fund political campaigns. That ruling was wrong too. I lost most of my respect for the Supreme Court with that ruling. This one put a few more nails in the coffin.

t looks like it’s time to start mourning the loss of America and the United States. Georgia and Arizona are two states legislating our demise.

On a parallel note, “conservative” (who are really extremists) seem to run for election on platforms of “less government” – back to basics, THEN once in office write “Bills for Buddies” (campaign supporters); legislating how many sheets of toilet paper to use, ad nauseum.

Is it the pretend politeness of politics that has eliminated common sense? We need balance between government, business and residents of this country just as much as we need balance within the three branches of government.

chris

May 26th, 2011
2:03 pm

The illegals lower our standard our living by doing the jobs for sub standard pay and by over burdening our health care/welfare systems.Americans will do the jobs but not for slave labor, and anyone who doesn’t believe the healthcare system is overwhelmed by illegals should make a little visit to their local E.R.or the maternity ward and watch the illegal Hispanics down load yet another baby and then disappear in the middle of the night leaving the tax payers yet another bill to cover.

Ric

May 26th, 2011
2:08 pm

Chris,
How do you know that those “illegal Hispanics” are here illegally?
Do you check the immigration status of your fellow ER patrons, or do you have a special pair of glasses?

Bill J

May 26th, 2011
2:11 pm

For most of the 20th century, the immigration numbers were set to allow approximately 250,000 immigrants to legally enter the U.S. In the mid 1970’s, Congress made drastic changes to that number and bumped it up to 1,000,000. Each and ever year for almost 4 decades, we have allowed 1,000,000 LEGAL immigrants to come to our shore. I welcome those who come here legally. I wish them the best and brightest future possible.

Regarding those immigrants who chose to not “stand in line”, fill out their forms and wait 5-10 years, please go home. Why? Because you broke the law. Millions of people from around the world have qualified to come here LEGALLY. There should be no path to citizenship, just a path back to the country from which you came. If you can qualify to come here LEGALLY, then we welcome you back with open arms.

Illegal immigration hurts both American citizens and those people that have followed the rules and come here LEGALLY. Illegal immigration puts downward pressure on the wages of the least educated and lowest skilled population of American citizens and LEGAL immigrants. As a former operations manager, this situation became crystal clear to me when I was hiring a new worker for our warehouse. A young, single mom had driven over an hour from her home to our warehouse to apply for a job. We listed the opening wage at $12/hr. Let me backtrack a little bit. I had decided that instead of paying a temp agency $12/hr and having them pass $8 hour to the worker, I would pay the worker directly. One of the problems we had was that most of the workers from the temp agency were here illegally. One of the workers explained to me how he borrowed $3700 from his uncle to give to the coyotes who brought him across the border. Anyway, when the $12/hr ad hit, I was inundated with highly qualified people with plenty of experience. I also received a call from a very unhappy man with a Spanish accent that was very upset that he didn’t qualify. Why didn’t he qualify? The ad required that you be able to read and write English at the High School level. Back to the single mom that drove over an hour to interview for this job. I asked her why she would drive so far. She said “I can’t make more than minimum wage in my area, even though I’m forklift certified for the warehouse”. Now, why do you think she couldn’t make more even though she had the necessary certifications? Because illegal immigrants will work for minimum wage. When one illegal quits, another will take their place working for minimum wage. What’s really sad is that LEGAL immigrants are hurt by the presence of illegal immigrants in the workplace. How sad is it to wait 5-10 years to come to America only to have to compete with someone came here illegally.

Regarding taxes, I’ve got another story. One day I walk out into our parking lot next to the warehouse and I see a brand new Jeep. I find out that the Jeep was purchased by one of our guys that was hired before I took the operations manager position. He was here illegally (per other workers that knew him) and could barely speak English. I looked at the car and thought to myself, “How can this guy afford this? I know how much he makes, I pay him.” It didn’t take me long to remember, “Oh, he doesn’t pay taxes!” Those that are here illegally, don’t give their real names, they have fake social security cards/numbers and they tear up their W-2’s when we give them out at the end of the year. Would you pay taxes if you were living under an assumed name in another country? Not only did these workers not pay taxes, they claimed many dependents so that their paycheck had very little deducted.

Bottom line, illegal immigrants overload our schools, take jobs from American citizens and LEGAL immigrants, put downward pressure on wages for the most disadvantaged citizens and put additional pressure on social services.

E-Verify will help put a stop to the job magnet. The harder it is to get a job for an illegal immigrant, the less likely they will be to come here.

Hooray for E-Verify!

Ed Shultz

May 26th, 2011
2:25 pm

Concerned Citizen

May 26th, 2011
2:02 pm
This court also ruled that business had the right to fund political campaign

No problem with Unions funding political campaigns, huh?

Ric

May 26th, 2011
2:28 pm

“Bottom line, illegal immigrants overload our schools, take jobs from American citizens and LEGAL immigrants…”
-Bill J

When we people realize that we don’t have a fixed number of jobs in our economy? In a market-based economy, a job filled by an immigrant is not one job fewer for a native. Immigrants, regardless of their legal status, are creating more jobs in our economy than they fill.

Ed Shultz

May 26th, 2011
2:29 pm

“On a parallel note, “conservative” (who are really extremists)”

The Village Idiot quote of the day.

Just Sayin...

May 26th, 2011
2:31 pm

“…legislating how many sheets of toilet paper to use, ad nauseum…”

ONLY person I’ve heard wanting to limit sheets of toilet paper to use, was liberal nutjob Cheryl Crow.

Just Sayin...

May 26th, 2011
2:34 pm

“Immigrants, regardless of their legal status, are creating more jobs in our economy than they fill.”

I suppose you have actual “facts” to back this statement? Or, are you just talking about more Government bureacrats to handle the Food Stamps, Medicaid, SSI, INS, etc..?

Ric

May 26th, 2011
2:52 pm

Just Sayin,
Yes, largely due to the fact that most immigrants don’t compete with native-born workers. Instead, they’re complementing natives and making the American workforce more productive. Despite 10% unemployment, there are still severe worker shortages among low-skilled and high-skilled workers – the jobs that most immigrants typically fill. When those jobs go unfilled, businesses are forced to downsize, close, or reduce production. When that happens, natives lose jobs and wages.
Think of it this way: in an average year, our economy demands about 500,000 year-round low-skilled foreign workers, but we only issue about 5,000 – 10,000 visas for that category of immigrants. Now suppose you were in the auto industry and had to import the steel you needed to manufacture cars, but the government set steel quotas at only 1-2% of what you needed to meet the demand of the market. Clearly, that wouldn’t be a pro-jobs economic policy, but it’s exactly why our immigration policies are making us less productive and less competetive.

There was some great research at Ohio University in 1994 (if I remember correctly) led by Richard Vedder that studied the relationship between unemployment rates and immigration rates for nearly a century. It found that any correlation between immigration and unemployment was negative, which means that higher immigration levels are associated with lower unemployment for natives.
There’s also some good research by James Holt about the impact of low-skilled migrant farm workers on local economies. He found that on average, migrant farm workers create and sustain three additional jobs in the surrounding community.
In 2001, the University of Illinois found that undocumented immigrants alone sustained more than 30,000 jobs (if I remember correctly – I don’t have any of this info nearby at the moment, but please look it up) in the Chicago metro area.
Also, the Council of Economic Advisors released two studies in 2005 and 2007 about the impact of immigration on the economy. In one of those studies (2007, I think), they concluded that foreign-born workers boosted the overall wages of natives by $30 billion annually.
I would also recommend that you read the research of Giovanni Peri, who has done some great work on this. Even George Borjas, who is the closest thing you’ll find to a legitimate economist who believes that immigrants “steal” American jobs — even Borjas, who uses rigged models for his research, has admitted that the overall impact of ‘mass’ immigration is good for our economy.

Just Sayin...

May 26th, 2011
3:07 pm

Please provide the links. It sounds more like you’ve made a judgement or formed an opinion. It seems your last post is filled with hypotheticals, referrals, or recommendations.
All I am asking for, is proof, that, as you said “Immigrants, regardless of their legal status, are creating more jobs in our economy than they fill.”

RetiredSoldier

May 26th, 2011
3:22 pm

Ric-
“Yes, largely due to the fact that most immigrants don’t compete with native-born workers. Instead, they’re complementing natives and making the American workforce more productive”

Please give me an example of a job that an American didn’t do in the past that an illegal does today. The reason you can’t is illegals will work for less. Pure and simple. Enforce a legal workforce, pay a rate Americans will work for and problem solved. And yes I understand I’ll have to pay more for the finished product.

Southern DisComfort

May 26th, 2011
3:26 pm

Bishop Eddie Long needs a Defrocking.

td

May 26th, 2011
3:57 pm

DannyX

May 26th, 2011
12:49 pm
This only thing this law does is allow those people that hate the “illegals” to say “we got ‘em’” It changes nothing.

The “illegals” aren’t going anywhere as long as Americans refuse to do the work. The employers can pay them next to nothing and when it comes right down to it no one is going to stop them from hiring them.

Sure it can if you libs get on board. We now have jobs so we can cut unemployment benefits off (saving money), we can cut Food stamps, welfare and watch how fast these unskilled jobs get filled.

Jose Juan Jesus Garcia

May 26th, 2011
3:59 pm

Just stop all legal and illegal immigration and deport all illegal immediately.
Fire Janet Napelatano she supports Amnesty for Illegals as does Obama