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Judge Upholds Arizona's Strict Anti-Illegal Immigrant Hiring Law

A federal judge on Thursday for the second time upheld a law that prohibits businesses knowingly from hiring illegal immigrants and pulls the business licenses of those which do so.

U.S. District Judge Neil Wake dismissed a lawsuit filed by business groups that sought to invalidate the law. The business groups, including the Arizona Chamber of Commerce, argued the law unconstitutionally infringed on federal immigration powers. Judge Wake concluded, however, there was no conflict with federal law, which he said specifically allows states to regulate business licensing. 'Preservation of that state power was itself part of Congress' careful balancing of policy objectives,' Wake wrote.

Wake also ruled the law gives sufficient due process protections to businesses.

* * *
The leftist 9th Circuit Court of Appeals might very well disagree with that ruling. But in one major respect that could be the best possible thing for supporters of that law. An adverse 9th Circuit ruling would set the stage for a binding, national precedent by the U.S. Supreme Court. The SCOTUS most often treats 9th Circuit opinions the same way authors treat scratch paper.

* * *
Here's a link to the AP article on which this post is based.

* * *
Judge Wake was nominated -- yeah, you guessed it -- by George W. Bush.


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Comments (7)

Excellent decision by that ... (Below threshold)
BPG:

Excellent decision by that judge. If a state or municipality wants to regulate its licensing procedures it should be able to do so in any way that is not discriminatory. And advocates notwithstanding, to use someone's legal status in the U.S. as a criterion is NOT discrimination.

The citizens of arizona hav... (Below threshold)
Spurwing Plover:

The citizens of arizona have spoken and say no jobs for ilegal aleins and the ACLU must be disapointed

We have that same lawsuit u... (Below threshold)
Cstmbuild:

We have that same lawsuit underway in Oklahoma. Hopefully our judge(s) will come to the same conclusions.

Thank GOD that someone is u... (Below threshold)
Ken:

Thank GOD that someone is using their mind and following the law. Now I hope that other cities, towns, states will follow through and do the same!

We need to stop the invasion of ILLEGAL ALIENS and ILLEGAL DRUGS from coming into this great country of ours. Now I hope that our elected officials will wake up and do what the majority of Americans (LEGAL citizens) have said that they want the borders secured, and our immigration laws enforced. Great decision Judge

The SCOTUS most often tr... (Below threshold)
Clavius:

The SCOTUS most often treats 9th Circuit opinions the same way authors treat scratch paper.

Or the way others treat TP.

I would like to send this J... (Below threshold)
patrick Kroog:

I would like to send this Judge a thank you and hopefully other judges will follow suit.

I'd like to thank you for t... (Below threshold)
Rick:

I'd like to thank you for taking a stand for all Americans. I'm in, or should I say I was in the construction field for over 20 years and was supporting my family on a decent liveable wage but as of two years ago i'm without a job. These people have taken over all aspects of the construction industry. I guess it doesn't help to live in a sanctuary state here in Illinois. My famly and others like mine have been pushed out of our jobs and struggle to support our families. These people are doing our work for half the wages and the employers are getting rich off the illegals. God bless you for your position on this issue and we pray that our government will also do something about the strain put on us with the food stamps, overcrowding our schools, health care provided by the taxes of the American people. Thanks to NAFTA and CAFTA there is no industry. I'm sick of hearing that these people are doing jobs Americans are unwilling to do. They are taking our good blue collar jobs away from us. They are unwilling to learn English, unwilling to assimilate. Our presidantial candidates are pandering for their votes. American people need people like yourself standing up for Americans. Lord help us.




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