The Supreme Court has opened the door for state lawmakers to stick their nose in your hiring procedures.
The high court has upheld an Arizona law that penalizes workers for hiring illegal immigrants — in essence ruling that states can pass their own laws covering hiring unsanctioned workers.
The law instructs courts to suspend or revoke the business licenses of in-state employers that employ unauthorized aliens. (The definition of “business license” in this case includes incorporation paperwork, certificates of partnership, and other common business documents.)
The law had been opposed by the U.S. Chamber of Commerce and other business groups, as well as the American Civil Liberties Union.
In its ruling, the high court said the Arizona law “falls well within the confines of the authority Congress chose to leave to the States.”
The state law doesn’t conflict with the federal E-Verify program, the court said, because “although Congress had made the program voluntary at the national level, it had expressed no intent to prevent states from mandating participation.”
Several other states have passed — or are considering — their own laws establishing penalties for companies who hire illegal workers.
We’ll keep you posted.
The case is U.S. Chamber of Commerce v. Whiting. For a look at the full decision, go here.
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