More on Ninth Circuit Decision in Arizona Employer Sanctions Case

Bill Hing posted the news yesterday about the Ninth Circuit decision in the Arizona employer sanctions case.  Judge Mary Schroeder (Arizona), joined by Judges Walker (Second Circuit), and Smith, wrote the decision.  In the court’s words, “This case is a facial challenge to an Arizona state law, enacted in 2007 and aimed at illegal immigration, that reflects rising frustration with the United States Congress’s failure to enact comprehensive immigration reform. The Arizona law, called the Legal Arizona Workers Act, targets employers who hire illegal aliens, and its principal sanction is the revocation of state licenses to do business in Arizona. … The district court correctly determined that the Act was a “licensing” law within the meaning of the federal provision and therefore was not expressly preempted. … We [also] hold that such a requirement to use the federal verification tool, for which there is no substitute under development in either the state, federal, or private sectors, is not expressly or impliedly preempted by federal policy.”

KJ