OCTOBER TERM, 2010Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as isbeing done in connection with this case, at the time the opinion is issued.The syllabus constitutes no part of the opinion of the Court but has beenprepared by the Reporter of Decisions for the convenience of the reader.See
Detroit Timber & Lumber Co.,
200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
CHAMBER OF COMMERCE OF THE UNITED STATESOF AMERICA
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FORTHE NINTH CIRCUITNo. 09–115. Argued December 8, 2010—Decided May 26, 2011The Immigration Reform and Control Act (IRCA) makes it “unlawfulfor a person or other entity . . . to hire, or to recruit or refer for a fee,for employment in the United States an alien knowing the alien is anunauthorized alien.” 8 U. S. C. §1324a(a)(1)(A). Employers that vio-late that prohibition may be subjected to federal civil and criminalsanctions. IRCA also restricts the ability of States to combat em-ployment of unauthorized workers; the Act expressly preempts “anyState or local law imposing civil or criminal sanctions (other thanthrough licensing and similar laws) upon those who employ, or re-cruit or refer for a fee for employment, unauthorized aliens.”§1324a(h)(2).IRCA also requires employers to take steps to verify an employee’seligibility for employment. In an attempt to improve that verificationprocess in the Illegal Immigration Reform and Immigrant Responsi-bility Act (IIRIRA), Congress created E-Verify—an internet-basedsystem employers can use to check the work authorization status of employees. Against this statutory background, several States have recentlyenacted laws attempting to impose sanctions for the employment of unauthorized aliens through, among other things, “licensing andsimilar laws.” Arizona is one of them. The Legal Arizona Workers Act provides that the licenses of state employers that knowingly orintentionally employ unauthorized aliens may be, and in certain cir-cumstances must be, suspended or revoked. That law also requiresthat all Arizona employers use E-Verify.The Chamber of Commerce of the United States and various busi-ness and civil rights organizations (collectively Chamber) filed this