The Federalist Politics of Immigration

Lately, there has been a decent amount of talk of immigration again. Many critics, myself included, say this is just a measure to stall the tax break arguments in the Senate. But, either way, the Arizona case is being heard in the Supreme Court, so we must ask: who is in command of our Immigration Laws, the states or the Feds?

Okay, so this question may sound obsolete and overused, but it is a critical one, especially now. The Court, if it decides to dance with the States, will then, by precedent, force the Senate to tear down the DREAM Act. As if it were going to happen anyway. (Senate Republicans threatened to filibuster if it were to come in the way of Bush-era politics).

To review, the Arizona law in question here is a stringent punishment against businesses who hire illegal immigrants. No, its not that Racial Profiling one that had huge publicity over the summer. Though, this one hearing could affect that one, too.

So, Justice Scalia said that the state law was responsible for taking care of the things the Feds couldn't. “I agree this step is massive, and one wouldn’t have expected it to occur under this statute. But expectations change when the federal government has simply not enforced the immigration restrictions.” 


Whereas Justice Breyer argued that there was a balance between controlling immigration and racial discrimination in the workplace. Think about it. Will businesses be willing to hire Mexican immigrants, illegal or not? Why take the risk, right? Or even, for the most greedy, if they did, they'd either keep a watchful eye on the Mexican or take similar action. “If you are a businessman, every incentive under that law is to call close questions against hiring this person,” he said. “Under the federal law every incentive is to look at it carefully.”


But, whatever may be the arguments, here is the essential bit: the USCC is arguing for businesses whilst Arizona State lawyers are arguing to "protect Immigration laws." Sound contradictory? You bet! See, both of these are pro-Conservative issues. Laissez-Faire is something they love and "sealing up the border" is just another. Ha! Now look who's laughing. In my opinion, being tots Anti-Business, I wish the USCC loses this one.