Chamber of Commerce of the U.S. v. Whiting, 563 U.S. 582 (2011)

Facts

  • Arizona enacted the Legal Arizona Workers Act (LAWA), authorizing (and sometimes requiring) state-court suspension or revocation of business licenses for employers that knowingly or intentionally employ unauthorized aliens.
  • LAWA also required all Arizona employers to use E-Verify, a federal internet-based system that checks work authorization status.
  • The federal Immigration Reform and Control Act of 1986 (IRCA) prohibits hiring unauthorized aliens and provides federal civil and criminal penalties.
  • IRCA contains an express preemption clause barring state “civil or criminal sanctions (other than through licensing and similar laws)” on employers of unauthorized aliens.
  • Congress created E-Verify as an experimental program under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
  • The Chamber of Commerce and other organizations filed a pre-enforcement federal suit against Arizona officials, asserting that LAWA’s licensing sanctions were expressly and impliedly preempted and that LAWA’s mandatory E-Verify requirement was impliedly preempted.
  • The district court upheld LAWA, and the Ninth Circuit affirmed.

Issues

  1. Whether IRCA’s express preemption clause invalidates Arizona’s law authorizing suspension or revocation of business licenses for employing unauthorized aliens.
  2. Whether Arizona’s requirement that employers use E-Verify is impliedly preempted because federal law makes E-Verify participation voluntary.

Decision

  • The Supreme Court affirmed and upheld LAWA in a 5–3 decision.
  • LAWA’s license suspension and revocation scheme was not expressly preempted because it operated “through licensing and similar laws” within IRCA’s savings clause.
  • LAWA was not impliedly preempted as a conflicting or obstructive state regime because it relied on federal determinations of unauthorized status and tracked federal verification mechanisms, including a good-faith safe harbor tied to the federal I-9 process.
  • LAWA’s E-Verify mandate was not impliedly preempted because federal law did not bar state E-Verify requirements and the mandate did not conflict with federal objectives.
  • Justice Thomas concurred in the judgment on a primarily textual reading of IRCA’s savings clause.
  • Justice Breyer (joined by Justice Ginsburg) and Justice Sotomayor dissented; Justice Kagan did not participate.
  • IRCA expressly preempts state “civil or criminal sanctions” against employers of unauthorized aliens except sanctions imposed “through licensing and similar laws.”
  • State measures conditioning the continued validity of business licenses can fall within IRCA’s licensing savings clause when consistent with the federal understanding of “license.”
  • A state employer-sanctions law is less likely to be conflict-preempted where state enforcement turns on federal determinations of whether a worker is unauthorized.
  • A state E-Verify mandate is not impliedly preempted merely because federal law treats E-Verify as voluntary, absent a congressional restriction on state participation requirements.

Conclusion

The Court held that IRCA permits Arizona to impose employer sanctions through business-licensing consequences and does not bar Arizona from requiring employers to use E-Verify, rejecting both express preemption (as to licensing) and implied preemption claims.