The Arizona Job

As expected the US Supreme Court issued a ruling upholding Arizona's 2007 law that harshly penalizes companies in the state that knowingly hire undocumented workers.

“Arizona hopes that its law will result in more effective enforcement of the prohibition on employing unauthorized aliens,” Chief Justice John Roberts, Jr. wrote, adding that “the Arizona regulation does not otherwise conflict with federal law.”

The highly anticipated decision keeps intact the 2007 Legal Arizona Workers Act. Employers could have their business licenses suspended or revoked for hiring illegal immigrants, under the law.

The law also requires Arizona employers to use a federal program called E-Verify to check the immigration status of potential workers. Justices likewise upheld this provision, with Robert calling it “entirely consistent” with federal law.

The decision affirms the 9th Circuit Court of Appeals, which had likewise upheld the state law. It is a defeat for the politically powerful U.S. Chamber of Commerce and the Obama administration, both of which had opposed the Arizona law.

“Either directly or through the uncertainty that it creates, the Arizona statute will impose additional burdens upon lawful employers,” Justice Stephen Breyer wrote in dissent.

Breyer, joined by justices Ruth Bader Ginsburg and Sonia Sotomayor, added that fearful employers may now “erect ever stronger safeguards against the hiring of unauthorized aliens, without counterbalancing protections against unlawful discrimination.”

Justices Antonin Scalia, Anthony Kennedy, Samuel Alito and Clarence Thomas joined in the most of the majority opinion.

So now, expect a number of other red states to pass similar laws across the country that puts the burden of proof of verifying employment status upon the business, not the state or the employee. Errors or mistakes in the E-Verify system may be a nightmare to the worker and of course cause serious problems with no real way to fight it, and that's still a major issue with the law.

But I really can't argue against businesses knowingly hiring undocumented workers under the table, and now that they may actually pay a price for doing so, maybe they'll stop.