Not All Immigration Reform is Unconstitutional

The Arizona law requiring that employers verify the immigration status of prospective employees has so far survived constitutional muster. This is not inconsistent. It is not wrong for the states to say, "If you are going to do business in my state, you will comply with Federal Law." The constitution gives Congress the right to regulate interstate commerce, but intrastate commerce regulation belongs mainly to the state itself.

Therefore, if you are keeping track, here is what is legal at the state level.

-Requirement that business validate the immigration status of potential employees.

This is what is not constitutional.

-Checking immigration status when investigating a crime.

The jury is still out on

-State-level guest worker program.