ACLJ: Supreme Court Decision "Victory for AZ and Other States" as AZ Immigration Law is Upheld

May 26, 2011

(Washington, DC) – The American Center for Law and Justice (ACLJ), which filed an amicus brief supporting Arizona's position in the case, said today a decision by the U.S. Supreme Court upholding the constitutionality of the Arizona Workers Act represents an important victory for Arizona and other states that desire to protect their borders and citizens.  In a 5-3 decision in the case of Chamber of Commerce v. Whiting, the high court concluded that an Arizona employer-sanctions law that penalizes businesses that knowingly hire illegal immigrants is constitutional.

"This is an important victory for Arizona and other states that desire to protect their borders and citizens," said Jay Sekulow, Chief Counsel of the ACLJ.  "The Supreme Court decision provides a realistic roadmap for states to take appropriate action in enacting legislation that is constitutional.  Chief Justice Roberts correctly concluded that the Arizona law 'does not conflict with federal immigration law.' It's clear that states can take action that compliments federal immigration law without violating it. The decision affirms that the Arizona law represents a valid and constitutional exercise of Arizona's police powers."

In its amicus brief filed with the high court, the ACLJ argued: "State laws, like the Legal Arizona Workers Act, that mirror federal immigration provisions and incorporate federal standards promote national policy and should not be preempted."

The ACLJ noted that "illegal immigration is a serious problem" and argues that the "federal government has proved inadequate to the tasks of enforcing current immigration laws and building consensus toward needed immigration reform" leaving states to "cope on their own."

The ACLJ amicus brief filed in the case is posted here.

The Supreme Court decision issued today is posted here.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.