Chamber Challenges Immigration Laws

 

Businesses are increasingly becoming the target of state and local laws designed to crack down on undocumented workers. However, the National Chamber Litigation Center (NCLC), the public policy law firm of the U.S. Chamber, is challenging the constitutionality of such laws based on the premise that they interfere with federal law and violate employers' due process rights.

 

NCLC recently joined a coalition of Arizona associations challenging the legality of that state's immigration law. Under that law, companies deemed to have hired undocumented workers could have their business licenses revoked without the opportunity for a hearing. In addition, the state requires mandatory compliance with a pilot employment verification system, which is voluntary under federal law.

 

In July, NCLC was successful in striking down in federal court a similar immigration ordinance adopted by the city of Hazelton, Pennsylvania, on the basis of due process rights and federal preemption.

 

"The Pennsylvania federal court correctly noted in its opinion that immigration is a national issue," says NCLC Executive Vice President Robin Conrad. "The Arizona federal court should do the same and stop the state from undermining well-established federal law regulating employment of immigrants in the United States."

 

Colorado and Oklahoma have also enacted immigration laws targeting employers. Colorado law prohibits state agencies from contracting with employers who knowingly hire unauthorized workers and requires employers to keep employment verification records. Oklahoma requires employer verification and gives fired employees the right to sue their former employers for hiring unauthorized workers. State lawmakers in 41 states have passed a total of 170 immigration bills this year, up from 84 in 2006. One-seventh of those laws contain provisions relating to employment. Please visit www.uschamber.com/nclc/default.