Labor & Employment Law

Supreme Court will decide on preemption of Arizona's unauthorized aliens statute

The US Supreme Court granted certiorari today to review the case on preemption of the Arizona statute that imposes sanctions on employers who hire unauthorized aliens and makes participation in E-Verify mandatory. The case: Chamber of Commerce v. Candelaria (Certiorari granted 06/28/2010)

Arizona's Legal Arizona Workers Act provides for suspension or revocation of business licenses of employers who knowingly or intentionally hire unauthorized aliens (using IRCA?s definition of "unauthorized alien") and makes participation in E-Verify mandatory for employers. The 9th Circuit held that the Arizona Act is neither expressly nor impliedly preempted by federal law, and does not violate due process.

The US Supreme Court granted certiorari to review the following issues:

1. Whether an Arizona statute that imposes sanctions on employers who hire unauthorized aliens 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 aliens." 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 aliens. Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137, 147 (2002).

Full post as published by Ross' Employment Law Blog on June 28, 2010 (boomark / email).