A lawsuit filed in a federal court challenged an Arizona law that created 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 (ultimately 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.

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Appeal (from the 9th Circuit) to the U.S. Supreme Court: U.S. Chamber of Commerce v. Whiting

• U.S. Supreme Court decision affirming the judgment of 9th Circuit Court of Appeals in U.S. Chamber of Commerce v. Whiting, 563 U.S. __ (2011), a challenge to the Legal Arizona Workers Act (5/26/11)
• Amicus brief filed by the United States in U.S. Chamber of Commerce v. Whiting (formerly U.S. Chamber of Commerce v. Candelaria), a challenge to the Legal Arizona Workers Act (9/10)
• Appeal (from the 9th Circuit) to the U.S. Supreme Court: U.S. Chamber of Commerce v. Whiting (9/1/10)
• Petition for Writ of Certiorari: Supplemental Brief — in U.S. Chamber of Commerce v. Whiting (formerly U.S. Chamber of Commerce v. Candelaria), a challenge to the Legal Arizona Workers Act (6/10)

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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)

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

• Plaintiffs’/Appellants’ Petition for Rehearing and Rehearing En Banc, submitted Oct. 1, 2008
• Plaintiffs’/Appellants’ Consolidated Reply Brief, submitted May 13, 2008
• Plaintiffs’/Appellants’ Consolidated Opening Brief to the 9th Circuit Court of Appeals, filed Apr. 1, 2008
• (The original complaint filed in federal district court is available below.)

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

• Lawyers’ Committee for Civil Rights of the San Francisco Bay Area
• Small Business Legal Center, and Associated Builders and Contractors
• United States Hispanic Chamber of Commerce

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

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

• Anuncio en Español (PDF)
• Complaint (Arizona Contractors Association, Inc., et al. v. Criss Candelaria, et al.)

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