Both governors signed laws that the Obama administration opposes. Napolitano is now part of the Obama administration, serving as Homeland Security Secretary.
The law signed by Napolitano in 2007 (HB 2745) sanctions employers who knowingly hire illegal aliens, and it also requires employers doing business with the state of Arizona to use the federal government’s E-Verify database to confirm the legal status of workers.
Napolitano called the bill “flawed” but signed it anyway on July 2, 2007 because – as she said at the time – “It is now abundantly clear that Congress finds itself incapable of coping with the comprehensive immigration reforms our country needs.” In the same 2007 statement, Napolitano said the flow of illegal immigrants into
Gov. Brewer told CNSNews.com on Wednesday that the “moccasin” is on the other foot now that Napolitano is President Obama’s Homeland Security Secretary: “When she was governor, she made it very clear that she signed the bill because the federal government was not doing their job, and that’s exactly what the problem and issue is,” Brewer said. “I guess it all…depends on where your moccasins are setting (as) to what your reasoning is.”
Brewer said she’s confident that the Supreme Court will rule in
“I believe the (2007) employer-sanction bill will set a trend or position for states rights, and so I think that if we do win this case, then we will be further ahead with Senate Bill 1070,” Brewer said. “I believe we’re moving in the right direction for
SB 1070 allows law enforcement officials who are investigating criminal activities to verify an individual’s legal status if they have probable cause to suspect that individual may be in the
The Justice Department’s case against SB 1070 claims that the
The 2007 Legal Arizona Workers Act calls for employers who knowingly or intentionally employ illegal aliens to be fined for the first violation and to have their license suspended or revoked for a second violation.
The U.S. Chamber of Commerce and labor and civil rights groups, including the American Civil Liberties Union, filed suit against
In arguments before the Supreme Court Wednesday, the plaintiffs not only said the Arizona law preempts the federal government’s right to enforce immigration law, they also argued that the law is not consistent with the federal government’s stance that state participation in the E-Verify program is voluntary. (The federal government does require some employers to use E-Verify, including those who seek federal contracts.)
The Obama administration has assigned one of its top litigators to help the plaintiffs’ attorney argue the case.
In defending the 2007 law, Mary R. O’Grady, solicitor general for the state of
O’Grady argued that the E-Verify portion of the law reflects the federal government’s policy of helping states enforce federal immigration law.
A number of conservative groups are backing
“The issues at the center of this argument are crucial: whether states can take legislative action to protect their borders and citizens – without being trumped by the federal government,” the ACLJ said of the amicus brief it filed in the case. “The
“In our amicus brief, we contend the
The ACLJ, contending that illegal immigration is a serious problem, also argued that the federal government “has proved inadequate to the tasks of enforcing current immigration laws and building consensus toward needed immigration reform.” The federal government has left the states to “cope on their own,” the ACLJ says.
A decision on the Napolitano-signed 2007 law is expected in June.