United States Supreme Court: Legal Arizona Workers Act of 2007 Not Preempted by Federal Immigration Law

In Chamber of Commerce v. Whiting, the United States Supreme Court determined that an Arizona law enacted in 2007 that allows Arizona courts to suspend or revoke licenses to do business in Arizona if an employer knowingly or intentionally employs an unauthorized alien and requires all employers in the state to use E-verify was not preempted by federal law.  The Court determined that the plain statutory language of the federal Immigration Reform and Control Act, though preempting “State of local law imposing civil or criminal sanctions,” specifically permitted sanctions imposed “through licensing and similar laws.”  In this case, the Court found that the Arizona act was a licensing regime that was specifically not exempted.  Additionally, it concluded that, although the federal law prohibits the federal government from mandating the use of E-Verify, it does not prohibit states from doing so.  Accordingly, the Court upheld the Arizona law.