[Vision2020] The 2008 Legislature and SB1427 - When Idaho Gave a Damn
Wayne Price
bear at moscow.com
Mon May 24 15:41:50 PDT 2010
Yes Mr. Hansen, I am sure.
Strongly urge you to read the ENTIRE AZ law, particularly Article 8,
11-1051 in it's entirety.
All the AZ law does is incorporate the current federal laws into state
law.
The Supreme Court has stated clearly and often that the U.S.
Constitution gives Congress “plenary power” over immigration policy,
meaning that Congress has virtually unlimited authority to regulate
immigration into the United States. The Supremacy Clause of the
Constitution says that federal law supersedes conflicting state law.
In immigration matters, the courts have consistently held that this
means that states may enact immigration-related laws that go as far
as, but no further than, duly enacted federal laws, except in areas
where Congress has specifically preempted state action. (The primary
example of Congress preempting state action is 8 U.S.C. 1324b(h)(2),
which prohibits states and localities from “imposing civil or criminal
sanctions (other than through licensing and similar laws) upon those
who employ, or recruit or refer for a fee for employment, unauthorized
aliens,” which is why states and localities must tie E-Verify mandates
to the issuance of business licenses.) Congress has not preempted
state or local action regarding any of the federal laws that the new
Arizona law seeks to enforce, so long as the state law goes no further
than existing federal law. The Arizona law was drafted meticulously to
ensure that it complies fully with the U.S. Constitution and with
federal immigration laws.
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