U.S. Chamber Challenges Constitutionality of Oklahoma Immigration Law

"Immigration is a national issue that requires a national solution," Conrad Says

WASHINGTON, DC—The U.S. Chamber of Commerce's National Chamber Litigation Center (NCLC) today urged the U.S. Court of Appeals for the Tenth Circuit to affirm a district court order preventing enforcement of a controversial Oklahoma immigration law.

"Immigration is a national issue that requires a national solution," said Robin S. Conrad, executive vice president of the National Chamber Litigation Center, the U.S. Chamber's public policy law firm. "A patchwork of conflicting and inconsistent state laws is not the answer to comprehensive immigration reform."

The Oklahoma law—HB 1804—requires employers doing business with the state to use

E-Verify, the federal government's voluntary and experimental program, to electronically verify work eligibility of any independent contractor to avoid state tax penalties. The law also allows discrimination claims against any employer who retains an unauthorized worker and who "should have known" another employee was unauthorized to work.

"Federal regulation of the employment of aliens leaves no room for state interference," Conrad said. "Federal law broadly preempts the field of employment verification and any attempt by states to meddle in this domain is unconstitutional."

Joining co-plaintiffs in Chamber of Commerce, et al v. Edmondson, et al. are The State Chamber of Oklahoma, Greater Oklahoma City Chamber, Tulsa Metro Chamber, Oklahoma Restaurant Association, and Oklahoma Hotel and Lodging Association.

The National Chamber Litigation Center, the public policy law firm of the U.S. Chamber of Commerce, is a membership organization that advocates fair treatment of business in the courts and before regulatory agencies.

The U.S. Chamber is the world's largest business federation representing more than 3 million businesses and organizations of every size, sector, and region.

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