Labor Law -- 2008



Arizona Contractors Ass'n. v. Napolitano   (U.S. District Court for Arizona)

Exclusive federal jurisdiction over immigration

The NAM is part of a coalition of business entities that filed a joint brief on 9/14/07, urging a federal district court to declare that an Arizona immigration law is preempted by federal law.

Passed in July, Arizona’s House Bill 2779 requires employers to use a voluntary federal government-administered electronic verification system, commonly known as the “Basic Pilot,” to verify work eligibility of all employees. Our brief argued that federal immigration law preempted the new Arizona law, because the state law conflicted with federal law and with congressional intent. Deference to Congress, which has plenary authority in this field, is essential to ensuring a consistent national immigration policy and avoiding local policies that frustrate Congress’ objectives. Additionally, state immigration laws impose inconsistent requirements on and create substantial confusion for employers who conduct business in multiple jurisdictions, with conflicting state laws occasionally making it impossible for employers to comply with all of the laws simultaneously.

In addition to Arizona, Arkansas, Colorado, Georgia, Illinois, Iowa, Louisiana, Massachusetts, Nebraska, Nevada, New Hampshire. Oklahoma, Oregon, Pennsylvania, Tennessee, Texas, and West Virginia all have passed legislation addressing the general issue of immigration control at the worksite, but with each state enacting its own unique requirements.

On February 7, 2008, the district court upheld the Legal Arizona Workers Act, holding that its licensing sanctions did not make employers "conform to a stricter standard of conduct than federal law." The court also held that the Act provided employers with procedural due process for their claims to be heard.