Michael B. Whiting, et al.
Respondents
Mary R. O’Grady, Counsel of Record On June 2, 2007, the State of Arizona enacted the Legal Arizona Workers Act, which made it illegal as of January 1, 2008, for anyone in the State to “knowingly” or “intentionally” employ an “unauthorized alien.” In addition, the State required all businesses to register with the Federal E-Verify program, which allows participants to electronically check the work-authorization status of any potential employee. Although there was no penalty for failing to register, companies that used E-Verify would be protected from prosecution for employing an undocumented worker if that individual had been previously cleared through…
