Congressional Digest

Supreme Court Debates January 2011 No. 1 Vol. 14
Lower Court Holding in Chamber of Commerce v. Napolitano

Illegal Workers

State Efforts to Enforce Immigration Law

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Lower Court Holding in Chamber of Commerce v. Napolitano

Decision of the Ninth Circuit U.S. Court of Appeals

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. It has yet to be enforced against any employer. Plaintiffs allege that the Legal Arizona Workers Act is expressly and impliedly preempted by the Federal Immigration Reform and Control Act of 1986 (IRCA) and the Illegal…

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