WASHINGTON — The Supreme Court’s showdown over whether states can aggressively enforce laws against illegal immigrants may have ended in a draw Wednesday.
If so, Arizona will win, and its 3-year-old law that cracks down on employers who knowingly hire illegal workers will stand. It could serve as a model for other states and cities that seek to adopt stricter enforcement measures.
At issue Wednesday was the fate of the Legal Arizona Workers Act, which imposes the so-called business death penalty on employers who are caught twice knowingly hiring illegal workers.
Those challenging the law were at a disadvantage Wednesday because new Justice Elena Kagan, who came from the Obama administration, announced she would not participate in the decision. That set the stage for a possible 4-4 split, which would uphold Arizona’s law but set no legal precedent.
