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ARTICLE · 31 MAY 2011

Supreme Court Decision Alert - May 26, 2011

Mayer Brown
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Addressing an issue relevant to the entire business community—employment eligibility verification—the Supreme Court today examined the interaction between the federal Immigration Reform and Control Act of 1986 ("IRCA"), 8 U.S.C. § 1324a, and Arizona’s Legal Arizona Workers Act ("LAWA"), Ariz. Rev. Stat. §§ 23-211 "et seq".

United StatesLitigation, Mediation & Arbitration
Andrew Tauber
Andrew Tauber
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Originally published May 26, 2011

Keywords: immigration, federal preemption, state law, IRCA, Legal Arizona Workers Act, LAWA

Today the Supreme Court issued one decision, described below, of interest to the business community.

Immigration—Federal Preemption of State Law

Chamber of Commerce of the United States of America v. Whiting, No. 09-115 (previously discussed in the June 28, 2010 docket report)

Addressing an issue relevant to the entire business community—employment eligibility verification—the Supreme Court today examined the interaction between the federal Immigration Reform and Control Act of 1986 ("IRCA"), 8 U.S.C. § 1324a, and Arizona's Legal Arizona Workers Act ("LAWA"), Ariz. Rev. Stat. §§ 23-211 et seq. In addition to prohibiting knowing or intentional employment of unauthorized aliens and requiring employers to verify work eligibility through the "I-9" process, IRCA preempts state laws "imposing civil or criminal sanctions (other than

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