Arizona’s E-Verify Law Should Be Struck Down

From the Asian American Justice Center:

AAJC Urges Supreme Court to Reverse 9th Circuit Decision
 
Arizona Employment Verification Law Thwarts Federal Effort to Minimize Discrimination
 
WASHINGTON—Today the Asian American Justice Center (AAJC), along with nearly a dozen other leading civil rights and labor organizations, filed a brief with the Supreme Court in support of the U.S. Chamber of Commerce’s challenge to Arizona’s mandatory E-Verify law.
 
AAJC filed the brief in collaboration with the San Francisco office of the law firm Pillsbury Winthrop Shaw Pittman and was joined by the Asian American Institute, the Asian Pacific American Legal Center and the Asian Law Caucus—all members of Asian American Center for Advancing Justice being represented by Pamela S. Karlan, a Stanford University law professor.
 
“Arizona’s laws, and others like it, invite disparate treatment of immigrants, particularly immigrants from the Asian American and Hispanic communities,” said Karen K. Narasaki, AAJC’s president and executive director. “We hope the Court holds that Arizona does not have authority in this or other federally preempted areas of law.”
 
The brief highlights Congress’ concern that use of E-Verify can result in discrimination against authorized employees, especially those perceived as “foreign.” These concerns include abuse of E-Verify procedures to pre-screen job applicants or take action against employees whose work authorization cannot be immediately confirmed.
 
 “Congress deliberately made E-Verifyvoluntary and temporary in orderto minimize the potential for discrimination,” said Kevin Fong, a partner at Pillsbury Winthrop Shaw Pittman and counsel of record on the brief. “Arizona’s law upsets the delicate balance achieved by Congress between preventing discrimination and effectively controlling immigration.”
 
 E-Verify is a voluntary program run by the Department of Homeland Security that allows employers to electronically verify the employment eligibility of newly-hired employees using databases maintained by the department and the Social Security Administration. However, the government’s databases include inaccurate and outdated information.   
 
In 2008, Arizona enacted the Legal Arizona Workers Act, which requires all employers operating in the state to use the system. The U.S. Court of Appeals for the 9th Circuit upheld the act. Last year, the Chamber of Commerce, supported by AAJC, successfully asked the Supreme Court to review the appeals court’s decision. Oral argument will be heard by the Supreme Court on December 8. The case is Chamber of Commerce of the United States of America v. Michael B. Whiting.

bh