IMMIGRANTS & EMPLOYMENT

State & Local: Legislation, Litigation, and Resources

Immigration

Employment Issues

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DREAM Act

 

 


State Laws and Policies, and Local Ordinances

OVERVIEW

 

E-Verify State Laws, Executive Orders, and Local Ordinances (11/09)

 

Most State Bills Mandating Use of the Employment Eligibility Verification Basic Pilot Fail in 2007 (10/5/07)

ATTORNEY GENERAL OPINIONS

 

Nevada AB 383 is Federally Preempted (Office of the Attorney General, State of Nevada, 3/3/08)

ILLINOIS

 

CONTINUING THE PIONEER TRADITION: Illinois' Basic Pilot/E-Verify Laws as a Model Policy.  Illinois is the first state to enact laws intended to protect employers and workers who are affected by the federal Basic Pilot/E-Verify program. (10/31/08)

 

Restrictions on use of Employment Eligibility Verification Systems (new Section 12 of the Right to Privacy in the Workplace Act, Public Act 095-0138).

 

Employment-related civil rights violations defined (Section 2-102 of the Illinois Human Rights Act, Public Act 095-0137, amended to define new employment-related civil rights violations).

 

E-Verify: Employer Attestation Form (Illinois Dept. of Labor).  The employer must attest that it has (1) received E-Verify training materials from DHS and that all its personnel administering E-Verify have completed the computer-based tutorial, and (2) posted in a clearly visible place (a) the DHS notice that the employer is enrolled in E-Verify and (b) the OSC antidiscrimination notice.

 

Privacy in the Workplace Complaint Form (Illinois Dept. of Labor).

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Fact Sheets and Analysis

GENERAL

 

Why States and Localities Should Not Require Employers to Participate in Basic Pilot/E-Verify
(HTML | PDF) (revised 2/09)

 

State and Local Proposals That Punish Employers for Hiring Undocumented Workers Are Unenforceable, Unnecessary, and Bad Public Policy (PDF) (1/08)

 

Facts About Federal Preemption: How to Analyze Whether State and Local Initiatives Are an Unlawful Attempt to Enforce Federal Immigration Law or Regulate Immigration (6/07)

ARIZONA

 

Erecting Its Own Tombstone: Arizona's Mandatory Basic Pilot/E-Verify Law.  Arizona's requirement that employers verify workers' employment eligibility via Basic Pilot/E-Verify has yielded negative results for the state, its businesses, and its workers.  Other states considering similar measures would do well to pay attention to these results.  (4/08)

 

New Arizona Law Requires Employers to Use Flawed Employment Eligibility Verification Basic Pilot (IMMIGRANTS' RIGHTS UPDATE, 7/20/07)

 

What Do the New Immigration Laws & Regulations Mean to Me?: Common Questions and Answers
(Arizona Contractors Association) [English | Spanish]

 

Advisory Regarding Registering for E-Verify
("Immigration Advisory: E-Verify and October 1 Notice from State," Arizona Contractors Association)

 

Legal Arizona Workers Act: Frequently Asked Questions about Employer Sanctions Law
(Maricopa County Attorney)

 

Rehired and Seasonal Employees & I-9 Compliance
(Memo to the Arizona Farm Bureau summarizing the rules and regulations regarding complying with I-9 employment eligibility verification requirements with respect to rehired or seasonal employees, 2/12/08)

ILLINOIS

 

CONTINUING THE PIONEER TRADITION: Illinois' Basic Pilot/E-Verify Laws as a Model Policy.  Illinois is the first state to enact laws intended to protect employers and workers who are affected by the federal Basic Pilot/E-Verify program. (10/31/08)

 

New Illinois Laws Create Important Protections against Flaws in Employment Eligibility Verification Basic Pilot (IMMIGRANTS' RIGHTS UPDATE, 10/5/07)

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Litigation

ARIZONA

LEGAL ARIZONA WORKERS ACT: LAWSUIT CHALLENGING ITS PROVISIONS
Arizona Contractors Association, Inc., et al. v. Criss Candelaria, et al.

 

Lawsuit Challenges Arizona’s Employer Sanctions Law as Being in Conflict with Federal Law (IMMIGRANTS' RIGHTS UPDATE, 10/5/07)

 

9th Circuit ruling affirming federal district court decision.  "We uphold the statute in all respects against this facial challenge, but . . . [i]f and when the statute is enforced, and the factual background is developed, other challenges to [it] as applied in any particular instance or manner will not be controlled by our decision." (9/17/08)

 

Appeal to the 9th Circuit of the federal district court decision -- opening and reply briefs, and petition for rehearing and rehearing en banc: 

 

Appeal to the 9th Circuit of the federal district court decision -- amicus briefs: 

 

NEWS RELEASE: Civil Rights Coalition to Argue in [Federal District] Court That Arizona Employer Sanctions Law is Illegal  (11/14/07) 

 

NEWS RELEASE: Civil Rights Coalition Challenges Arizona Employer Sanctions Law.  Lawsuit filed in federal district court challenges new Arizona law that threatens employers with permanent loss of business licenses based on invalid new state requirements; alleges that the law conflicts with federal immigration law and the U.S. Constitution. (9/4/07)

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OKLAHOMA

OKLAHOMA LAW:
25 Okla. Stat. § 1313(B)&(C) AND 68 Okla. Stat. § 2385.32

 

Preliminary injunction (in Chamber of Commerce of the United States et al. v. Henry) postponing enforcement of employment-related portions of Oklahoma anti-immigrant law:

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Immigrants' Rights Update Articles (back to IRU index)

 

Flawed District Court Decision Upholds Missouri Local Ordinance Sanctioning Employers of Unauthorized Workers (2/27/08)

 

Most State Bills Mandating Use of the Employment Eligibility Verification Basic Pilot Fail in 2007 (10/5/07)

 

Lawsuit Challenges Arizona’s Employer Sanctions Law as Being in Conflict with Federal Law (10/5/07)

 

New Arizona Law Requires Employers to Use Flawed Employment Eligibility Verification Basic Pilot (7/20/07)

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