8/6/2019 Synopsis of Chamber of Commerce of USA v. Whiting

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Synopsis:

Chamber of Commerce of the United States of America et al.

v. Whiting et al., 558, F.3d 856 (2011).

On May 26, 2011, the United States Supreme Court upheld Arizonas Legal

Arizona Workers Act, which provides that state employers who knowingly or

intentionally employ unauthorized aliens mayand in certain circumstances must

have their business licenses suspended or revoked. The law also requires Arizona

employers to use the federal internet-based program, E-Verify, to check the workauthorization status of employees.

At issue in the case was whether the Arizona law is preempted by existing federal

immigration laws, and is therefore invalid. In a majority opinion authored by Chief

Justice Roberts and joined by Justices Scalia, Kennedy, Alito, and, for the most part,

Thomas, the Court determined that, although the Immigration Reform and Control Act

(IRCA) expressly preempts 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, the Act falls within the definition of

those licensing and similar laws, and therefore, it is not expressly preempted by IRCA.

Furthermore, the Court found that Arizonas license suspension or revocation

requirement is not impliedly preempted by federal law because: (1) Arizonas procedures

for the suspension or revocation of business licenses simply implement the sanctions that

Congress expressly allowed Arizona to pursue through licensing laws and Congress did

not intend to prevent the States from using appropriate tools to exercise that authority;

and (2) the Arizona law closely tracks IRCAs provisions in all material respects.

The Court also determined that Arizonas E-Verify requirement is not impliedly

preempted by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA).Though IIRIRA states that the federal government may not mandate the use of E-verify

for any person or entity outside of the federal government, the Court reasoned that this

restriction does not apply to states. The Court further stated that Arizonas use of E-

Verify in no way obstructs Congresss objective in developing E-verify, which was to

ensure reliability in employment authorization verification, combat counterfeiting of

identity documents, and protect employee privacy.

8/6/2019 Synopsis of Chamber of Commerce of USA v. Whiting

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