State Governments Doing What the Federal Government Won't


ACRU Staff


July 6, 2009

While the federal government is backing away from criminal enforcement of laws against hiring of illegal aliens, one state and one city have passed laws to do just that. The state and local laws requiring use of the federal E-Verify system have now been upheld over objections from the ACLU in two US Circuit Courts of Appeal that only the US can require usage of E-Verify by major employers.

Most of the facts for this article, but not the legal conclusions, come from an article published by Fox 4 in Kansas City apparently on 6 July. The article is a blog and is a little fuzzy in its writing, but deals with several subjects of current interest.

Federal law includes a deadline for major employers to use E-Verify to determine whether a prospective employee has a genuine Social Security number and therefore is likely an American citizen who can be hired. The Obama Administration has, for reasons of its own, delayed the implementation of that law. In the meantime, one state and one local government have passed laws which requires major employers in their jurisdictions to use the E-Verify system, which is part of the Social Security System.

Two cases challenging these state laws have already reached US Circuit Courts of Appeal. The Ninth Circuit, which is legendary in its reversal rate for being too liberal by the Supreme Court, has ruled in favor of an Arizona law requiring use of E-Verify. The Eighth Circuit has just ruled in favor of a similar, municipal ordinance. A report on its decision says this: “In reviewing the facts, the appellate court was puzzled as to why the ACLU even brought the case and dismissed their second complaint with prejudice.”

With its open-borders policy, the ACLU has attacked all efforts to require the usage of the E-Verify system. The articles suggest that the Obama Administration has delayed the use of this system for the purpose of permitting illegal aliens to get jobs, be turned into American citizens, and presumably vote Democratic thereafter.

The article notes a number of current issues related to illegal immigration. Governor Schwarzenegger has claimed that illegal aliens are not making a major contribution to the current financial failure of California. The article includes the legendary quote from Secretary of Homeland Security, Janet Napolitano, that “crossing the border is not a crime per se. It is civil.”

Secretary Napolitano is, of course, dead wrong. Illegal crossing of the border is a misdemeanor on the first offense. It is a felony on the second and all subsequent offenses. But since the Secretary is part of an administration which wants to pretend that the problem does not exist, she makes this false claim.

At the top of the article are four photographs taken at rallies sponsored or cosponsored by La Raza, plus a flyer from that organization showing the boundaries of Aztlan. Aztlan is the portions of the Southwest of the US which that organization believes should be taken back by Mexico. The current significance of this is the long association of Supreme Court nominee, Sonia Sotomayor, with La Raza. The meaning of that phrase in Spanish is “the Race.”

It is an eye-opening experience to do a Google search on the word Aztlan. Its current incarnation is The National Council of La Raza, who now insist that La Raza means only “the community.” But its heritage in demanding that many of the states of the United States be removed from this Union and returned to Mexico, is still just under the surface. That claim was on the surface when Sotomayor, as a lawyer rather than a judge, represented the interests of La Raza and its allies in New York.

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