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[84WashLRev0289] Preempting State E-Verify Regulations: A Case Study of Arizona's Improper Legislation in the Field of "Immigration-Related Employment Practices"

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dc.contributor.author Feller, Rachel
dc.contributor.author Washington Law Review
dc.date.accessioned 2010-01-28T22:17:44Z
dc.date.available 2010-01-28T22:17:44Z
dc.date.issued 2009-05
dc.identifier.citation 84 Wash. L. Rev. 289 (2009) en_US
dc.identifier.issn 0043-0617
dc.identifier.uri http://hdl.handle.net/1773.1/226
dc.description.abstract Abstract: In 1996, Congress established E-Verify, a program that allows employers to confirm the employment eligibility of new hires by using a federal electronic database. Although the federal government makes the program voluntary for employers, some states and municipalities have enacted legislation requiring the program’s use to prevent the employment of undocumented workers. Some of these state laws have been challenged in federal court on the grounds that they are preempted by federal law, particularly the Immigration Reform and Control Act of 1986 (IRCA). Courts have divided on this issue. This Comment explains the boundaries of preemption in the context of E-Verify legislation by using Arizona’s E-Verify law and the Ninth Circuit’s decision in Chicanos por la Causa v. Napolitano as a case study. It argues that state E-Verify provisions may sanction employers for knowingly hiring undocumented workers only if the sanction is based on a federal finding that the employer violated IRCA. Specifically, this Comment argues that the Ninth Circuit erred by classifying Arizona’s E-Verify statute as an employment law and by allowing Arizona to revoke business licenses based on a state judge’s finding that the employer knowingly hired undocumented workers. This Comment argues that courts should recognize that Congress created and occupied a field of federal regulation: immigrationrelated employment practices. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Law Review, University of Washington School of Law en_US
dc.subject Comment en_US
dc.title [84WashLRev0289] Preempting State E-Verify Regulations: A Case Study of Arizona's Improper Legislation in the Field of "Immigration-Related Employment Practices" en_US
dc.type Article en_US
dc.rights.holder Copyright 2009 by Washington Law Review Association.

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