Portion of Arizona Immigration Law Criminalizing Illegal Employment Invalidated by U.S. Supreme Court

In a 5-3 decision, the Supreme Court struck down a significant part of the Arizona immigration law on the grounds that those provisions were preempted by federal law. In Arizona v. United States, the Court held that three of four contested provisions of the state law – Support Our Law Enforcement and Safe Neighborhoods Act (S.B. 1070) – are preempted by existing federal statutes. Among the invalidated sections was the provision making it a state crime for an unauthorized worker to apply for work or be employed in the state. Though the Court eviscerated this attempt by Arizona to mitigate the substantial deleterious effects of illegal immigration on the safety and well-being of its citizens, Justice Anthony Kennedy, writing for the majority, made it clear that Arizona’s concerns are well-founded and that Congress has both substantial power and substantial responsibility to address Arizona’s concerns and those of its sister states. To learn more about the decision and its potential implications for employers, please continue reading at Littler's Washington D.C. Employment Law Update.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.