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Contact:
Gebe Martinez | gebe.martinez@seiu.org | 202-730-7152

Issued May 26, 2011

SEIU's Medina: Business Death Penalty" Wrongly Upheld by U.S. Supreme Court"

WASHINGTON, D.C. - SEIU International Secretary-Treasurer Eliseo Medina made the following statement today following the United States Supreme Court's narrow ruling in favor of Arizona's so-called Business Death Penalty" law that strips business licenses away from employers who knowingly hire undocumented workers.

"Today's United States Supreme Court decision upholding a narrow part of Arizona's controversial anti-immigration agenda is deeply disappointing. For its part, the Supreme Court placed a stamp of approval on legislation that unfairly and unjustly targets working people and honest employers who contribute to local economies and help to make this nation great.

"We must emphasize that this ruling is limited in scope and does not address the broader legal issues contained in Arizona's SB 1070 law passed last year. In SB 1070, Arizona tried to usurp federal authority on immigration, and lower courts already have found that states cannot violate the federal supremacy principles that govern our nation.

"In this narrow case involving an older Arizona law, the Court decided that Arizona's E-verify law is not preempted by federal law because Congress expressly permitted states to impose employer sanctions so long as they do so through licensing laws. Arizona's requirement meets the definition of a licensing law.

"Unfortunately, the ruling may create the wrong perception that states are now free to carry out their own immigration laws.

"We believe the court erred in upholding the requirement that all Arizona employers use the federal government's E-Verify data base to determine a worker's eligibility. Congress has not expressly granted permission to the states to do what Arizona has done.

"Currently, the E-Verify system is voluntary and is fraught with high costs for small businesses and too many errors that dislocate legal workers. Making it mandatory and then stripping away the license to do business is surely a business death penalty that hurts the economy.

"As Justice Sonia Sotomayor wrote in her dissent: 'Permitting States to make use of E-Verify mandatory improperly puts States in the position of making decisions for the Federal Government that directly affect expenditure and depletion of federal resources.'"

"Such policies ruin the economy and create a disadvantage for honest employers who are trying to follow the law, while tax-cheating employers drive the underground cash economy with disqualified workers.

"The clear message that should come from this ruling is this: Immigration continues is the sole responsibility of the Federal government, much in the same way that printing money is a uniquely federal responsibility. Immigration enforcement should not be up to the states where short-sighted efforts are more focused on attacking hard working people than on helping our economy.

"Congress must act quickly on comprehensive immigration solutions so that our economy can thrive with workers who become legalized and allow all employers in all states to play by the same set of rules."

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With 2.2 million members in Canada, the United States and Puerto Rico, SEIU is the fastest-growing union in the Americas. Focused on uniting workers in healthcare, public services and property services, SEIU members are winning better wages, healthcare and more secure jobs for our communities, while uniting their strength with their counterparts around the world to help ensure that workers--not just corporations and CEOs--benefit from today's global economy. www.seiu.org

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Updated Jul 15, 2015