A lawsuit filed in a federal court challenges Arizona’s new law that creates a state scheme of penalties for employers that hire unauthorized workers, even though these employers have complied with the applicable federal law. The Legal Arizona Workers Act (HB 2779) mandates every employer in the state to join a temporary and voluntary federal program, the Basic Pilot program (recently renamed “E-Verify”) to verify the employment eligibility of each new hire. In addition, the Arizona law threatens employers with permanent loss of business licenses based on new, invalid state requirements.
Appeal (from the 9th Circuit) to the U.S. Supreme Court: U.S. Chamber of Commerce v. Whiting
"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:
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)