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Judge Julia DiCocco Dewey argued before the court […]. Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.

Synopsis: Chamber of Commerce of the U.S.A. et al. v. Whiting et al | The Opportunity Agenda

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A Briefing on Chamber of Commerce v. Whiting

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Concepcion , the majority cited the supposedly difficult burden that a party must meet to prove that federal law preempts state law, stating: That threshold is not met here. Whiting to find federal preemption. He argued that the purpose of this balance was to discourage employers from violating immigration laws while also discouraging them from making unlawful assumptions about the immigration status of applicants based on racial or linguistic factors.

Why would Congress, after deliberately limiting ordinary penalties to the range of a few thousand dollars per illegal worker, want to permit far more drastic state penalties that would directly and mandatorily destroy entire businesses? See United States v.

Synopsis: Chamber of Commerce of the U.S.A. et al. v. Whiting et al

Employers that violate that prohibition may be subjected to federal civil and criminal sanctions. The Legal Arizona Workers Act provides that the licenses of state employers that knowingly or intentionally employ unauthorized aliens may be, and in certain circumstances must be, suspended or revoked. That law also requires that all Arizona employers use E-Verify.

Nor was the state law preempted with respect to E-Verify, the court concluded, because although Congress had made the program voluntary at the national level, it had expressed no intent to prevent States from mandating participation.

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The Ninth Circuit affirmed. That is what the Arizona law does—it instructs courts to suspend or revoke the business licenses of in-state employers that employ unauthorized aliens. The Chamber contends that the savings clause should apply only to certain types of licenses or only to license revocation following an IRCA adjudication because Congress, when enacting IRCA, eliminated unauthorized worker prohibitions and associated adjudication procedures in another federal statute. But no such limits are even remotely discernible in the statutory text.