Excerpt:
In the seminal case, De Canas v. Bica (1976), the court held 8-0 that a California law prohibiting employers from hiring illegal immigrants was not pre-empted by federal law.
The court -– per Justice William Brennan -- said that the federal government's supremacy over immigration is strictly limited to: (1) a "determination of who should or should not be admitted into the country," and (2) "the conditions under which a legal entrant may remain."
So a state can't start issuing or revoking visas, but that's about all it can't do.
Manifestly, a state law about illegal immigrants has nothing to do with immigrants who enter legally or the condition of their staying here. Illegal aliens have neither been "admitted into the country" nor are they "legal entrants."
Indeed, as Brennan noted in the De Canas case, there's even "a line of cases that upheld certain discriminatory state treatment of aliens lawfully within the United States." (You might want to jot some of this down, Mr. Holder.)
So there's no "field pre-emption" of state laws dealing with aliens, nor is there an explicit statement from Congress pre-empting state regulation of aliens.
On top of that, the Supreme Court has repeatedly upheld state laws on immigrants in the face of pre-emption challenges. Arizona's law is no more pre-empted than the rest of them.
Unless, of course, Obama is right and it's a violation of federal law to enforce federal immigration laws, which is the essence of the Department of Justice's lawsuit.
No comments:
Post a Comment