Chamber of Commerce of the United States v. Whiting
Issues
Whether federal immigration law preempts Arizona’s statute that both sanctions employers who hire unauthorized workers by rescinding their business licenses, and mandates employer participation in E-Verify, a federal pilot program that verifies a prospective employee’s employment eligibility.
The state of Arizona passed the Legal Arizona Workers Act in 2007 (“LAWA”). The law authorizes the Arizona Attorney General and county attorneys to sue employers who knowingly or intentionally employed unauthorized workers such as illegal aliens as a means of combating illegal immigration. Congress, however, previously enacted the Immigration Reform and Control Act, which imposes different sanctions on employers for hiring illegal immigrants. The Chamber of Commerce of the United States, along with various business and civil rights organizations, claimed that federal law preempts LAWA, thus making it invalid. In addition, the Chamber of Commerce argued that LAWA fostered employment discrimination against “foreign-looking” individuals and unduly harmed businesses. However, those in support of LAWA claimed that the state has the authority under its “police powers” to enforce the statute and that it was not preempted by federal law. The Supreme Court’s decision in this case will shed light on the extent to which a state may enforce its own laws in an area that is also covered by federal law. Additionally, the Court’s ruling will affect the ability of states to use certain measures to deter employers from hiring illegal immigrants.
Questions as Framed for the Court by the Parties
1. Whether an Arizona statute that imposes sanctions on employers who hire unauthorized workers is invalid under a federal statute that expressly “preempt[s] any State or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized workers.” 8 U.S.C. § 1324a(h)(2).
2. Whether the Arizona statute, which requires all employers to participate in a federal electronic employment verification system, is preempted by a federal law that specifically makes that system voluntary. 8 U.S.C. § 1324a note.
3. Whether the Arizona statute is impliedly preempted because it undermines the “comprehensive scheme” that Congress created to regulate the employment of workers. Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137, 147 (2002).
Congress first imposed sanctions for hiring unauthorized workers when it passed the Immigration Reform and Control Act of 1986 (“IRCA”), which criminalized the knowing or intentional hiring or continued employment of “unauthorized aliens” in the United States. See Chicanos Por La Causa, Inc. v. Napolitano, 544 F.3d 976, 980 (9th Cir.
Edited by
Additional Resources
· Immigration Impact, Beth Werlin: Supreme Court to Hear Two Cases Affecting Immigrants, Including a Case Challenging a Recent Anti-Immigrant Law (Oct. 7, 2010)
· ABA Journal, Debra Cassens Weiss: Supreme Court Docket Has a 9th Circuit ‘Flavor’ (Oct. 5, 2010)
· Fordham Law Review, Maria Marulanda: Preemption, Patchwork Immigration Laws, and the Potential for Brown Sundown Towns
· U.S. Citizenship and Immigration Services: E-Verify—History and Milestones