Tenth Circuit Hears U.S. Chamber's Challenge to Constitutionality of Oklahoma Immigration Law

American businesses overwhelmed by patchwork of immigration laws

WASHINGTON, D.C.—The U.S. Chamber of Commerce's National Chamber Litigation Center (NCLC) presented argument today before the U.S. Court of Appeals for the Tenth Circuit, asking the court to strike down the controversial employment provisions of an Oklahoma immigration law.

"American businesses are being overwhelmed by employment provisions in state and local immigration laws," said Robin S. Conrad, executive vice president of the National Chamber Litigation Center, the U.S. Chamber's public policy law firm. "State legislatures proposed over 150 employment-related immigration bills already this year. The last thing we need during these challenging economic times is a patchwork of inconsistent and conflicting immigration laws."

Under the Oklahoma law—HB 1804—employers are subject to state tax penalties for failure to use E-Verify, the federal government's voluntary and experimental program for electronically verifying the work eligibility of employees and independent contractors. The Oklahoma law also allows discrimination claims against any employer who retains an unauthorized worker and who 'should have known' another employee was unauthorized to work. The Tenth Circuit is now reviewing a decision by a federal district court to direct Oklahoma from enforcing the law.

"Under federal law, it's clear that the authority to verify employment status rests with the federal government," Conrad said. "State and local employment verification laws that conflict with federal law, no matter how well-intentioned, are trumped by federal immigration law."

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.

NCLC is the public policy law firm of the U.S. Chamber of Commerce 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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