Supreme Court upholds Arizona immigration law, backs E-Verify — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Supreme Court upholds Arizona immigration law, backs E-Verify

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in Hiring,Human Resources

by Jay Ruby and Tibor Nagy Jr., Esqs.

The U.S. Supreme Court has concluded that federal immigration law does not pre-empt or invalidate an Arizona law that subjects Arizona employers to sanctions for knowingly or intentionally employing unauthorized workers and requiring them to use the federal government’s E-Verify online employment eligibility verification system.

In a 5-3 decision, the justices upheld the Legal Arizona Workers Act (LAWA) in Chamber of Commerce of the United States v. Whiting, No. 09-115, U.S. Supreme Court, 2011)

2 wins for Arizona

Arizona enacted the LAWA in 2007, allowing Arizona courts to suspend or revoke the business licenses of employers that knowingly or intentionally hire unauthorized workers.

Various business and civil rights organizations sued to overturn the law, arguing that the federal Im­mi­gration Reform and Control Act (IRCA) pre-empts it. The IRCA states that it pre-empts any state or loc...(register to read more)

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