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SCOTUS Immigration Ruling Could Prompt New Legislation Push Next Year

The U.S. Supreme Court’s decision to uphold a key part of Arizona’s controversial immigration law is essentially a green light to Tennessee lawmakers to enact something similar here, state Rep. Joe Carr said Monday.

The Lascassas Republican says he’ll likely use the ruling to refuel his drive toward making Tennessee an inhospitable place to foreigners who lack explicit U.S. government approval to be in this country.

In a decision released Monday, the Supreme Court struck down three provisions of the 2010 immigration law. However, the court upheld the element that allows state and local law enforcement agents to check people for immigration status. Tennessee Republicans like Carr have said they’d like to see something similar implemented here.

“The mandatory nature of the status checks does not interfere with the federal immigration scheme,” wrote Justice Anthony Kennedy in delivering the court’s opinion. “Consultation between federal and state officials is an important feature of the immigration system. In fact, Congress has encouraged the sharing of information about possible immigration violations. …The federal scheme thus leaves room for a policy requiring state officials to contact (U.S. Immigration and Customs Enforcement) as a routine matter.”

Since it is clear now that the Supreme Court believes state and local police can make inquiries into a person’s immigration status as a matter of routine, then Tennessee ought to consider “expanding the authority of law enforcement” to enable that here, said Carr.

“What we want is a coherent, cohesive strategy for the problem Tennessee has that the federal government refused to address,” said Carr. “We really have done a good job… We want to make sure that there isn’t something left for us to do.”

However, the Arizona law has yet to go into effect. And that means future legal challenges could be in store — in particular, claims that police are engaging in racial profiling, said Gregg Ramos, an attorney and activist for immigrant rights in Tennessee.

“I think that alone should give Rep. Carr pause on whether we need to enter the fray here in Tennessee to do anything more than we’re doing here now,” he said, adding that talk from Carr about taking state immigration laws any further amounts to “fearmongering.”

“That’s his political issue,” Ramos said. “He’s chosen to remain on the front pages to appear relevant. Let me make it clear: Tennessee’s situation is nowhere near the situation that Arizona has encountered and is encountering.”

Tennessee already has rules on the books to allow authorities to determine whether someone arrested is a citizen, although Carr pushed to strengthen those laws in 2011. The move stalled because of its hefty $5 million price tag. Also, many of those queries were already being forwarded to ICE.

Inspired in part by Arizona’s controversial immigration law, Carr and Sen. Bill Ketron, R-Murfreesboro, sponsored legislation requiring businesses and government agencies to use E-Verify or any other system to ensure that all new employees are legal U.S. residents, and require people who apply for most public aid to prove their citizenship. Both measures, passed in 2011 and 2012, respectively, became law.

An estimated 140,000 unauthorized immigrants, about 2.2 percent of the state’s population, called Tennessee home in 2010, according to the Pew Hispanic Center.

7 replies on “SCOTUS Immigration Ruling Could Prompt New Legislation Push Next Year”

Andrea, this story is inaccurate. I don’t feel like going through it all again. You are misinforming the public.

Oh, what the hell. I’m used to losing sleep saying the same things over and over for years. For starters, let’s look at state Rep. Joe Carr’s so-called Tennessee lawful employment bill that is now law: Note the “or’s” in this law excerpted below. Please. And note the pick of fraud-ridden documents a prospective hire can supply as proof of legal work status. The hire has to supply only one.

There is no requirement in this law of actual verification of any documents supplied by a hire or prospective hire — none! Thus, no required employer verification of anyone’s authorization to work in this country. The law offers no incentive to verify either. Actually, the law offers and supports incentive for employers to be or appear ignorant of illegal hiring. “Safe harbor” indeed. Only knowing employers of illegal labor are legally liable. If employers aren’t required by law to verify anything, they can more easily claim ignorance. This Tennessee law echoes current federal law in allowing employers to just look at a hire’s document and call that verification. Employers, most of them, aren’t trained to spot such fraud and haven’t the knowledge supplied by government databases. Wink, wink. (“That fake doc looked legit to ME, Mr. Prosecutor! I wasn’t required to run ’em through any database!”)

Plenty of legal escape hatches in this law to protect unscrupulous employers, BECAUSE THE BILL WAS GUTTED AND REWRITTEN BY THE BUSINESS LOBBY AND CARR, AND CARR IS TOO DISHONEST AND IGNORANT TO ADMIT IT.

http://state.tn.us/sos/acts/107/pub/pc0436.pdf

(1) Employers shall:

(A) For non-employees, request and maintain a copy,

pursuant to subdivision (a)(3), of any one (1) of the following

documents prior to the non-employee providing labor or services

on or after the phase-in period applicable to the particular size

employer described in subsection (b):

(i) A valid Tennessee driver license or photo

identification license issued by the department of safety;

(ii) A valid driver license or photo identification

license issued by another state where the issuance

requirements are at least as strict as those in Tennessee,

as determined by the department. The commissioner, in

consultation with the department of safety, shall determine

which states have issuance requirements that are at least

as strict as Tennessee, and shall develop, and periodically

update, a publicly accessible list of such states on the

department’s web site;

(iii) An official birth certificate issued by a U.S.

state, jurisdiction or territory;

(iv) A U.S. government-issued certified birth

certificate;

(v) A valid, unexpired U.S. passport;

(vi) A U.S. certificate of birth abroad (DS-1350 or

FS-545);

(vii) A report of birth abroad of a citizen of the U.S.

(FS-240);

(viii) A certificate of citizenship (N560 or N561 );

(ix) A certificate of naturalization (N550, N570 or

N578);

(x) A U.S. citizen identification card (1-197 or 1-

179); or

(xi) Valid alien registration documentation or other

proof of current immigration registration recognized by the

United States department of homeland security that

contains the individual’s complete legal name and current

alien admission number or alien file number (or numbers if

the individual has more than one number); and

(B) For employees, either:

(i) Request and maintain a copy, pursuant to

subdivision (a)(3), of any one (1) of the documents

described in (a)(i)(A)(i) — (xi) prior to the employee

providing labor or services on or after the phase-in period

applicable to the particular size employer described in

subsection (b); or

(a) Enroll in the E-Verify program prior to

hiring an employee on or after the applicable

phase-in period described in subsection (b);

(b) Verify the work authorization status of

the employee hired by using the E-Verify program;

and

(c) Maintain a record of any results

generated by the E-Verify program for that

particular employee in a manner consistent with

subdivision (a)(3).

A couple of points to add: The federal government does require federal agencies and some federal contractors to use the federal E-Verify system. States can also require employers to E-Verify and can suspend and revoke business licenses and related permits as penalties, the U.S. Supreme Court has ruled (on the Arizona mandatory E-Verify law).

ILLEGAL ALIENS ARE NOT JUST FROM MEXICO, BUT ARRIVE HERE ON INTERNATIONAL FLIGHTS POSING AS TOURISTS.

WASHINGTON — The Supreme Court released their opinion Yesterday that the federal government has the sole power to enforce the laws against illegal immigration, striking down three key provisions of Arizona’s first-in-the nation crackdown on illegal aliens squatting there and stealing our children’s education, American family health care and a cornucopia of welfare payments and programs. ONLY THE TEA PARTY CAN SAVE US NOW. THE TEA PARTY IS EVERY WALK OF LIFE, EVERY RACE, & EVERY RELIGION THAT HAVE HAD IT WITH THE TWO POLITICAL PARTIES. ID YOU DON’T WANT A SOCIALIST FUTURE, EVERY AMERICAN WHO HAS NEVER VOTED—SHOULD VOTE. NON-CITIZENS WILL VOTE TO SAVE OBAMA.

Frustrated, angry with the Republicans and Democrats, then join the TEA PARTY organization. The growing numbers of millions of Americans are joining this party, spreading its wings away from the Republican enclave. Both political parties are corrupt and all incumbents need to be replaced, which is happening now. We can no longer afford to support the rest of the world, or the 20 million plus illegal aliens living in the United States that has brought their poverty with them. HUNDREDS OF BILLIONS OF DOLLARS ARE BEING SIPHONED FROM STATES AND THE TAXPAYERS POCKETS.

We must back the Mitt Romney, even though he has his issues but prolong the replacement of every single Democrat, Liberal or Republican that is tearing America apart. IT is the Time of the PEOPLE’S PARTY. It is the time for the TEA PARTY, which is complimented by man/women; African, White, Hispanic, Asian and other racial Americans. The TEA PARTY is a wealth of different religions, faiths, gay and every other walk of life. Remember a large Majority who votes for President Obama for a second term, non citizens or American citizens are the ones who spend their day watching TV, selling drugs, living off the rest of us like parasites.

The exception is the sick and true non-functioning human beings, so spend a minute and understand the growing divide in America. If you are frustrated with feeding the rest of the world, unable to get a decent job, the controversial immigration debate that is a theft of your taxes, the rules and regulations forced on Americans that halt large energy companies from extracting oil, natural gas and coal; that we could not only lower the costs of our transport, but sell residual amounts to friendly foreign countries.

By replacing President Obama administration, plus replacing the Republicans and Democrats in the Senate and the Ho House of Representative and seating in ‘THE PEOPLE’S Constitutional TEA PARTY, we can win America back Millions more will be encouraged to come here, bringing their poverty, criminals and children stealing their futures. WE ARE LOSING OUR COUNTRY, OUR LIBERTIES AND OUR U.S. CONSTITUTIONAL RIGHTS.

In Arizona that was the epicenter of the Illegal Immigration invaders, where the courts have declared that every taxpayer through unfunded mandates must pay for public services for every illegal alien who slips by the border guards. If you are a taxpayer then you should investigate the websites of NumbersUSA, Judicial Watch, Federation of Immigration Reform (FAIR) Center for Immigration studies (CIS), THE DARK SIDE OF ILLEGAL IMMIGRATION (Crimes committed by illegal aliens.
DON’T STICK YOUR HEAD IN THE SAND. JOIN YOUR LOCAL TEA PARTY. FOR AS WE SEE ARIZONA, ALABAMA, GEORGIA, SOUTH CAROLINA OR ANY OTHER STATE BEING HUNTED DOWN, THREATENED AND INTIMIDATED BY A JUSTICE DEPARTMENT AND MARXISTS, SOCIALISTS IN THE OBAMA ADMINISTRATION.

Don’t forget that illegal aliens and their legal families want to keep Obama in power, so they can keep collecting taxpayer dollars, the $4.2 billion annually that goes to the children of illegal aliens, not even living in the United States. The $2 Billion dollars a month sucked dry in the Sanctuary city of Los Angeles, going to illegal nationals.

IF YOU HAVE NEVER VOTED BEFORE, REGISTER AND BE READY. REMEMBER, IF YOU THINK ILLEGAL ALIENS OR OTHER NON CITIZENS DO NOT VOTE. THEN THE LAUGH WILL BE ON US ALL, IN NOVEMBER. THE LIBERALS ARE SAYING THE REPUBLICANS ARE TRYING TO ‘SUPPRESS MINORITY VOTING’ BUT THEY ARE NOT SAYING IS THAT ILLEGAL ALIENS ARE VOTING IN EVERY ELECTION, WITH NO TRUE OFFICIAL RESTRICTIONS.

We need Sheriff Joe Arpio, for a TEA PARTY leader candidate as a Senator or House Representative. We need strong, aggressive people in Congress, especially following Constitutional law.

CNN Television and the rest of the Liberal channels always show the huge reinforced fences that run along the most populated areas of the Southern border. In truth the rest of hundreds of miles of the border region is nothing but a few strands of rusty barbed wire, which an elephant could slide through. THE LIBERAL PRESS ARE MISLEADING THE PUBLIC ON THE REAL FENCE ON HOW MANY MILES ARE COVERED.

OUR COUNTRY IS BEING OVERPOPULATED IN THE NAME OF VOTES AND GREED. WE SHOULDN’T FORGET THAT OBAMA’S GOONS OUTSOURCED WEAPONS TO NARCOTERRORISTS TO MEXICO KILLING U.S BORDER AGENT & MEXICAN CITIZENS.

It is of the paramount importance that we must be imposed at once, so no more foreign invaders are encouraged to break the immigration ‘Rule of Law’. ‘THE LEGAL WORKFORCE ACT’ (E-VERIFY) must be passed and advanced, so illegal aliens can no longer steal jobs from the millions of Americans unemployed. The ‘BIRTHRIGHT CITIZENSHIP ACT (H.R.140) must be compulsory so babies smuggled into America, so that parents cannot take benefit from welfare, once the child become an immediate citizen. Half a million pregnant women enter the United States looking for handouts annually, for their children.

Let your Senator or Congressman/Women know how you will vote, by giving your name to the politician’s aides and that you want them to sponsor E-Verify and the Birthright Citizenship bills. Citizen voters should phone Congress at the central Switchboard at 202-224-3121. FORCE YOUR CONGRESSMAN/WOMAN TO fulfill their obligation to the oath of office and stop pandering to the businesses that use cheap labor. Use the power of your VOTE to demand they sponsor these to policies or we are destined to become like Europe, overwhelmed by the poverty of other countries.

NO COPYRIGHT. DELIVER TO YOUR FRIENDS & FAMILY

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