U.S. Court of Appeals for the Ninth Circuit

Case Status


Docket Number



Case Updates

Rehearing en banc denied

March 09, 2009

The Ninth Circuit declined to review en banc a three-judge panel’s rejection of this challenge.

The U.S. Supreme Court granted NCLC's petition for review of the decision. That petition is captioned Chamber of Commerce, et al. v. Whiting, et al.

U.S. Chamber's challenges federal preemption of Arizona immigration statute

December 09, 2007

NCLC joined a coalition of Arizona associations challenging the constitutionality of an Arizona law that interferes with federal law regulating the employment of undocumented workers. The Arizona law imposes sanctions, including the revocation of business licenses without an opportunity for a hearing, on employers who are deemed to have knowingly hired undocumented workers. The state also requires mandatory compliance with the E-Verify employment verification program, which is voluntary under federal law. In the complaint filed against 15 county attorneys and the state’s attorney general, NCLC challenged the Arizona statute as unconstitutional because it ignores employers’ due process rights and is preempted by federal law - the Immigration Reform and Control Act - which provides a comprehensive plan prohibiting the employment of illegal immigrants in the United States.

Previously, this case was captioned Chicanos Por La Causa, Inc., et al. v. Napolitano, et al. and Chicanos Por La Causa, Inc., et al. v. Candelaria, et al.

Complaint filed 12/9/07. Motion for temporary restraining order (TRO) and preliminary injunction filed 12/10/07. Order denying TRO dated 12/21/07. Decided by district court 2/7/08. Plaintiffs’ notice of appeal filed 2/8/08. Opening brief for Ninth Circuit appeal filed 3/31/08. Appellees’ response filed 4/29/08. Plaintiffs’ reply filed 5/13/08. Oral argument held 6/12/08. Decided by Ninth Circuit 9/17/08. Rehearing en banc denied 3/9/09.

Case Documents