FAIR, IRLI Win Important Legal Victory Supporting Local Immigration Enforcement Ordinances
Because of the ongoing failure of the federal government to enforce immigration laws, states and communities all across the country are increasingly enacting local policies to protect themselves from the consequences of large-scale illegal immigration. Many of these local governments have turned to FAIR and the Immigration Reform Law Institute (IRLI) to help them craft local ordinances that both discourage illegal immigration and conform with federal laws.
One such town is Valley Park, Missouri, which enacted local ordinances that require businesses to sign up for a worker verification program known as E-Verify to keep a business license. City officials worked closely with FAIR and IRLI in drafting the ordinances.
Predictably, the Valley Park law was challenged in court by the American Civil Liberties Union (ACLU) and the Mexican American Legal Defense and Education Fund (MALDEF) on behalf of a coalition of plaintiffs they assembled. In a precedent setting decision in June, a three-judge panel of the 8th Circuit Court of Appeals dismissed the challenge to the Valley Park ordinances and reaffirmed the right of local jurisdictions to pass laws that discourage illegal immigration. This ruling follows a 2008 decision by the 9th Circuit Court of Appeals upholding statewide policies designed to discourage the hiring of illegal aliens.
The city of Valley Park was represented in court by Kris Kobach, who serves of counsel to IRLI. In addition to the unequivocal ruling in support of local ordinances aimed at discouraging illegal immigration, the appellate court said it was "puzzled" as to why the ACLU even brought the case without any evidence that the law had caused any harm to their clients.
The Valley Park decision is a vindication of FAIR’s efforts to work with state and local governments to address the problems of illegal immigration. The mounting case law upholding the right of state and local governments to enact laws that discourage illegal immigration also clears the way for other jurisdictions to adopt this approach. The court victories also demonstrate the value of the expertise that IRLI has developed in crafting local ordinances.
The growing number of state and local governments requiring the use of E-Verify increases political pressure on Congress and the Obama administration to reauthorize the program for the long-term. Even as many jurisdictions find that E-Verify is an invaluable tool in their efforts to discourage illegal immigration, the U.S. Senate has repeatedly balked at extending it beyond six months.
