THREE OUT OF FOUR PROVISIONS OF SB 1070 INVALIDATED BY SUPREME COURT TODAY!!!
Sections 3, 5(C), and 6 of S. B. 1070 are preempted by federal law. Pp. 8–19.
Section 3 intrudes on the field of alien registration, a field inwhich Congress has left no room for States to regulate. In Hines, a state alien-registration program was struck down on the ground that Congress intended its “complete” federal registration plan to be a “single integrated and all-embracing system.” 312 U. S., at 74. That scheme did not allow the States to “curtail or complement” federallaw or “enforce additional or auxiliary regulations.” Id., at 66–67. The federal registration framework remains comprehensive. Because Congress has occupied the field, even complementary state regulationis impermissible. Pp. 8–11.
Section 5(C)’s criminal penalty stands as an obstacle to the federal regulatory system. The Immigration Reform and Control Act of 1986 (IRCA), a comprehensive framework for “combating the employment of illegal aliens,” Hoffman Plastic Compounds, Inc. v. NLRB, 535 U. S. 137, 147, makes it illegal for employers to knowingly hire, recruit, refer, or continue to employ unauthorized workers, 8
S. C. §§1324a(a)(1)(A), (a)(2), and requires employers to verify prospective employees’ employment authorization status,
Cite as: 567 U. S. ____ (2012) 3
§§1324a(a)(1)(B), (b). It imposes criminal and civil penalties on employers, §§1324a(e)(4), (f), but only civil penalties on aliens who seek, or engage in, unauthorized employment, e.g., §§1255(c)(2), (c)(8).IRCA’s express preemption provision, though silent about whether additional penalties may be imposed against employees, “does not bar the ordinary working of conflict pre-emption principles” or impose a “special burden” making it more difficult to establish the preemptionof laws falling outside the clause. Geier v. American Honda Motor Co., 529 U. S. 861, 869–872. The correct instruction to draw from the text, structure, and history of IRCA is that Congress decided it would be inappropriate to impose criminal penalties on unauthorized employees. It follows that a state law to the contrary is an obstacle tothe regulatory system Congress chose. Pp. 12–15.
(c) By authorizing state and local officers to make warrantless arrests of certain aliens suspected of being removable, §6 too createsan obstacle to federal law. As a general rule, it is not a crime for a removable alien to remain in the United States. The federal scheme instructs when it is appropriate to arrest an alien during the removal process. The Attorney General in some circumstances will issue awarrant for trained federal immigration officers to execute. If no federal warrant has been issued, these officers have more limited authority. They may arrest an alien for being “in the United States inviolation of any [immigration] law or regulation,” for example, but only where the alien “is likely to escape before a warrant can be obtained.” §1357(a)(2). Section 6 attempts to provide state officers with even greater arrest authority, which they could exercise with no instruction from the Federal Government. This is not the system Congress created. Federal law specifies limited circumstances in which state officers may perform an immigration officer’s functions. This includes instances where the Attorney General has granted that authority in a formal agreement with a state or local government. See, e.g., §1357(g)(1). Although federal law permits state officers to “cooperate with the Attorney General in the identification, apprehension, detention, or removal of aliens not lawfully present in the UnitedStates,” §1357(g)(10)(B), this does not encompass the unilateral decision to detain authorized by §6. Pp. 15–19.
The National/Warpaint - 4/21 - Moody Theater
Thee Silver MT. Zion Orchestra - 4/22 - The Mohawk
Mogwai - 4/24 - Emo's
Cloud Nothings/The Men - 4/26 - The Mohawk
Austin Psych Fest - 5/2 - 5/4 - Carson Creek Ranch
King Khan & the Shrines - 5/30 - The Mohawk
Cut Copy - 6/21 - Stubbs
Swans - 6/27 - The Mohawk
Boris - 7/29 - The Mohawk
Tom, that provision will still be open for future legal challenge. The Court just determined that as a matter of procedure, the federal government can't constitutionally preempt Arizona from trying it. The racial profiling and discrimination aspects of the law weren't even litigated at this point. They will be now.
My company is currently looking to hire anyone who can breath. It would require working outside in the heat, we need laborers, operators, drillers, foreman, etc. and a valid drivers license is about the only stipulation, and they are even willing to slide on that at this point. I was told that if we refer anyone and they make it 3 months we get $100. So if you know any desperate construction types please let me know. I could use $100. Although, this place kinda sucks, but most construction companies do.
Shamless plug time...
My buddy Payton is opening the latest place that you ALL need to check out today:
24 beers on tap, plus a huge bottle selection. Home made brats, pretzels, etc. He is an amazing chef. I'm picking this for our next boardie meet up.
It's located in the old Oregano's old town Scottsdale location. I went to a VIP opening on Saturday evening. Looks amazing, and I got to sample the food and some of the beers on tap. He's modeled it in honor of the beer gardens in Germany and the mid-west.
Dunno, but I will ask him. I tried the rabbit and rattlesnake on Saturday. Both were amazing.
Here is a new times article from the event on Saturday:
Tom, it's legit. Payton has thrown a lot of money, blood, sweat, and tears into this place. Trust me when I say if he puts all that into something, it's going to be great.
Rattlesnake was yummy, as well as the Python.
Just talking about this place. I'm hitting this place us tomorrow for happy hour with work colleagues. Going to try the rabbit and lamb. What exactly are Belgium fries?
His aren't thick, but are crispy. Dipping sauces are yummy.
Just went for lunch. Had the beer brat with spicy peppers, and the fries. Deeelic.
Oh, and on the snake taste; yes you can say they are similar to chicken. If you ate it, you would never guess what it was.
Not too bad, but I got there early. I'll be stopping by there again after work, if anyone else is game.
When I was in Brussels last year we went to this place, Maison Antoine, which was really amazing and then we took our fries across the street to a beer place where we sat outside and drank good belgian beer with our fries.
The idea of adding 'artisan' brats to that has me giddy with excitement.
If Tom shows up, we all will collectively do a "spit take" with our beer.
So I was just thinking yesterday how we haven't had a meetup in what feels like forever, and the opening of this new restaurant sounds like as good an occasion as any. How's this weekend for everybody? And yes, Tom, you need to be in attendance.