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9th Circuit upholds Arizona immigration law

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Indiana lawmakers who want to pass legislation targeting employers who knowingly hire illegal immigrants got ammunition from a federal appellate court ruling in California.

In a 26-page unanimous ruling Wednesday in Chicanos Por La Causa Inc., et al. v. Janet Napolitano, et al., No. 07-17272, the 9th Circuit Court of Appeals in San Francisco affirmed a lower court's ruling rejecting a facial challenge to Arizona's law allowing the state to use licensing laws to enforce immigration-related policies.

The three-judge panel held that state governments can properly enact sanctions that could take away licenses of employers who hire illegal workers and that the statute gives employers an adequate opportunity to defend themselves in a court hearing.

Although it upheld the law, the court pointed out that no businesses have been prosecuted in the nearly nine months since the law's been in effect, and that means future challenges may not be controlled by the decision depending on the facts of those cases.

This ruling gives a boost to Indiana lawmakers, who used that Arizona law as a model in crafting their own legislation during the 2008 session. That bill failed to gain enough support, but Sen. Mike Delph, R-Carmel, hopes to introduce similar legislation during the 2009 session, and he praised the 9th Circuit ruling.

In preparation of the new legislative session, the Interim Study Committee on Immigration Issues is currently studying those issues and has brought law professors and legal experts to testify about the differences between state and federal immigration laws. At its first meeting Sept. 9, experts indicated there was no guarantee a state law would stand up in federal court - something that may now be more debatable following the 9th Circuit's decision.

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  1. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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