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Supreme Court Ruling on Arizona’s E-Verify Program Sets Precedent
The U.S. Supreme Court voted on Thursday, May 26, 2011 to uphold Arizona’s mandatory use of the national E-Verify program. In 2007, Arizona lawmakers enacted an ordinance to prevent the hiring of illegal immigrant workers by commanding business owners to check the immigration status of their employees through the E-Verify program. If found with undocumented workers, business owners could face revocation or suspension of their business licenses.
In a 5-3 decision, Supreme Court Justices ruled that a state has the authority to penalize employers who hire illegal workers. Hence, Arizona can coerce business owners to use the E-Verify program in order to qualify for a state business license.
According to The Miami Herald, “13 states, including Missouri, Kansas and South Carolina, allied themselves with Arizona in citing states’ traditional authority over business licensing. These could become the next states to adopt stricter rules.
Colorado, Mississippi, Missouri, Pennsylvania, South Carolina, Tennessee, Virginia and West Virginia have implemented, over the past 4 years, similar laws using revocation of business licenses as a penalty for hiring illegal immigrants.
Moreover, Hazleton, Pennsylvania council members had enacted an ordinance that would revoke business licenses from landlords renting to illegal immigrants. Although this ordinance was held back by the federal appeals court, Hazleton lawmakers have bought the issue to the Supreme Court and are awaiting judgment. Perhaps the decision regarding Arizona will affect Hazelton’s verdict.
Additionally, Rep. Lamar Smith (R-Texas), chairman of the House Judiciary Committee, plans to introduce a bill that would require all U.S. employers to use the E-Verify program during the hiring process.
This information is brought to you by Business Licenses, LLC (www.BusinessLicenses.com), offering business license compliance software, services, and outsourcing. To learn more, visit http://www.businesslicenses.com/services_corporate.php.