Monahorns
10,000+ Posts
However, they don't have the right not to follow the law or interfere with federal enforcement of the law, because immigration law is within the federal government's legitimate authority. If Gavin Newsome issued an executive order saying the State of California wouldn't use E-Verify to screen state employees, federal officials would be within their rights to arrest him, charge him with a crime, and toss him in "federal-pound-me-in-the-***-prison," to quote Michael Bolton.
I agree but there is also a thing called nullification that is the right of states if they believe a law is unconstitutional. It isn't something you hear much about these days, but the founding generation talked about this right. Various states talked about it for the first 50-60 of the union.
I don't know if there is a reasonable case to say e-verify is unconstitutional.