A few days ago, I saw and item about the fact that some illegals in Arizona are actually getting ready to pack up and head home. This is because a new state law scheduled to take effect on January 1, 2008 will really punish employers for hiring them. No job, no money. No money, no reason to say in the U.S.
At about the same time, U.S. District Court Judge Charles Breyer blocked the federal “no-match” law. The no-match law would scan for and use discrepancies in social security numbers to catch illegals using fraudulent documentation to get employment.
Then there’s the case of Hazelton PA, which had its efforts to deal with illegals thwarted last July by U.S. District Court Judge James Munley.
What do Judges Breyer in California and Munley in Pennsylvania have to do with the new law in Arizona? As it turns out, plenty.
These two individuals, Breyer and Munley have, in separate cases and in different parts of the country, shown themselves to have a common sympathy for the plight of the undocumented. They have each, in turn, found ways to side with the ACLU and others who are against any type of enforcement efforts at the federal, state or local levels.
In Judge Munley’s view, illegals have the same constitutional protections as citizens. Maybe more if you consider that in Munley’s World, the citizens do not have the right to protect their borders. In Judge Breyer’s view, the possibility of making a mistake while enforcing the law is reason enough to scrap the entire law.
Their separate decisions have far-reaching ripple effects.
For lawyers like David Selden, an attorney with Ballard Spahr in Phoenix, who is mounting an aggressive challenge to the Arizona employer sanctions law, these rulings are a real gift. Selden and others are very excited because they believe these two decisions together lay the foundation they will need to get the Arizona law overturned before it even takes effect. And with the right judge, it could be that much easier.
Maybe the illegals who are thinking about heading home should wait a while and not do anything rash.
Read more about it here, including the part where Don Ellis, co-owner of the Landmark Restaurant in Mesa and chairman of the Arizona Restaurant and Hospitality Association comes clean on why he likes Judge Breyer’s decision to stop the no-match system:
“We were all relieved by it. We have a hard enough time now finding help,” Ellis said.
Well, at least now it’s clear.
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