Chamber of Commerce of the United States vs. Whiting: Case Study

1049 Words Jan 9th, 2018 4 Pages
Whiting

On November 6, 1986 the "Immigration Reform and Control Act (IRCA) was signed into law with its purpose being to "reform/re-assess the status of unauthorized immigrants set forth in the Immigration and Nationality Act." ("1986 Immigration") But this legislation would have unexpected consequences when, almost three decades later, the State of Arizona passed the "Legal Arizona Workers Act" providing for the suspension and/or loss of business licenses of employers within the state who intentionally hire undocumented aliens. ("Chamber of Commerce of the United States") The Chamber of Commerce of the United States challenged the law in court under the presumption that the new Arizona law was in violation of the 1986 federal Immigration Reform and Control Act. According to the Chamber of Commerce, the IRCA "prohibits states from establishing their own enforcement scheme to sanction businesses that hire unauthorized immigrants." ("Chamber of Commerce v. Whiting") They also argued that the law's use of E-Verify to confirm a potential employee's legal status, conflicted the federal law's provision to make the system voluntary. In a 5-3, the Supreme Court of the United States upheld the Arizona law. It has been estimated that in 2007 there were close to 12 million unauthorized workers in the Untied States. ("No. 09-115") To combat what they saw as a "problem," the Arizona state legislature passed the Legal Arizona Workers Act…