Throwing the States off the Field

June 19, 2011 7:00 P.M.
By Kris Kobach

On Wednesday, I published an article in the New York Post criticizing the ill-conceived HR-2164, introduced by Rep. Lamar Smith (R., Tex.). The bill, which was put together under the supervision of the pro-amnesty U.S. Chamber of Commerce, imposes a national E-Verify requirement (but one that is shot through with exceptions), in return for preempting the anti-illegal-immigration laws that have been passed in states such as Arizona, Alabama, Georgia, and Missouri. States would no longer be able to take any action against employers who knowingly hire unauthorized aliens. HR-2164 is a very poor bargain for anyone who believes in the enforcement of immigration laws, for the reasons that I explain in the article. I also have an article in the forthcoming issue of National Review that lays out in greater detail the crucial role of the states in immigration enforcement.

However, a debate has broken out here at NR Online between Mark Krikorian and Andrew McCarthy about my New York Post piece. Let me say at the outset that I have the greatest respect for both of these men. I am a great admirer of Andrew’s writing and legal analysis. And Mark has long fought the good fight for better enforcement of our immigration laws from his position at the helm of the Center for Immigration Studies. Mark is usually right on the money. But in this debate, it is Andrew who is in the right.

I’d like to make three points in response to Mark’s arguments.

First, Mark asserts that “only the federal government can make the determination that a firm has knowingly hired illegal aliens.â€