National Council of La Raza

Arizona, Immigration, and the Supreme Court

Stepping into the increasingly volatile and contentious debate over immigration, the Supreme Court will hear oral arguments tomorrow on how far the state of Arizona can go to prevent employers from hiring undocumented aliens. The case is Chamber of Commerce v. Whiting.

The case involves a 2007 Arizona law that punishes employers who knowingly hire undocumented aliens by suspending or revoking most of their state licenses. The Chamber of Commerce argues that the law is preempted by the federal Immigration Reform and Control Act of 1986 (IRCA).

IRCA prohibits the hiring of undocumented aliens and sets forth procedures employers must follow before hiring someone and the sanctions they will incur for violating the law. Most importantly, IRCA expressly preempts local and state laws creating sanctions (other than through licensing and similar laws).

It is the "licensing and similar laws" clause that is crucial in this case, because the draconian punishment set forth in the Arizona law is the suspension and revocation of "licenses," a term defined so broadly in the statute that it even includes a company's articles of incorporation.

The Court will also decide whether Arizona can lawfully require employers in the state to use a federally-administered electronic employment verification database called E-Verify - a database that federal law expressly makes voluntary.

Agreeing with the Chamber that the Arizona law is unconstitutional are the Obama Administration and an array of civil rights groups (such as the National Council of La Raza and the Anti-Defamation League).

When the Court issues its ruling next year, it may give clues on how it might rule on Arizona's more recent "your papers please" law, which has yet to work its way up to the Court.

PFAW

People For Signs on to Arizona Travel Boycott

Last month, Arizona’s governor signed a draconian anti-immigrant law that has come under fire from civil rights and civil liberties groups, sports teams, the president, and even the occasional outspokenly anti-immigrant politician.

People For has now joined a number of other national groups in signing on to a travel boycott of Arizona until the law is reversed. The groups—including the National Council of La Raza, the American Civil Liberties Union, SEIU, the Leadership Council on Civil Rights, and the Center for Community Change—have agreed to:

  • Not hold any conventions, conferences, special events, or major meetings involving significant travel to Arizona from out of state, while this law is in force.
  • Strongly discourage their affiliates, chapters, or members from holding any conventions, conferences, special events, or major meetings involving significant travel to Arizona from out of state, while this law is in force.
  • Widely disseminate the adverse consequences of this legislation to their key stakeholders, for the purpose of encouraging informed judgments regarding whether stakeholders should hold, convene, sponsor, or otherwise support any conventions, conferences, special events, or major meetings involving significant travel to Arizona from out of state, while this law is in force.
  • Call on all other major American institutions to consider choosing alternative locations for conventions, conferences, special events, or major meetings already scheduled involving significant travel to Arizona from out of state, while this law is in force.
  • Call on their affiliates, chapters, members, stakeholders, all major American institutions, and people of conscience everywhere to carefully consider whether the dollars they spend as consumers of goods and services could end up, directly or indirectly, supporting the perpetuation of this unjust law.

Arizona is already hurting from this and other boycotts. Less than three weeks after the new law was passed, Arizona’s hotel and lodging association had already counted a loss of 23 meetings, at an estimated loss to the state of $6 to $10 million. And a city official in Phoenix has predicted that boycotts could cost his area $90 million over the next five years.

Read questions and answers about the boycott here.
 

PFAW