The United States Chamber of Commerce recently stepped up again to protest against the enforcement of immigration compliance. In 2008, the Chamber attempted to block the Department of Homeland Security from mandating the use of e-Verify for federal contractors. That approach failed at the federal level, so now the fight is taking place at the state level. Arizona is the latest battleground with its Legal Arizona Workers Act. The U.S. Supreme Court ruled last month that the state had the right to revoke business licenses for egregious violations of immigration law such as knowingly and repeatedly hiring undocumented workers. Since all Arizona employers are required to use e-Verify, such willful and ongoing violation of the law would be easier to prove than in states that permit traditional I-9 administration without subsequent verification.
Basics of the Decision
The Chamber of Commerce argued that the state was pre-empting federal law by instituting license revocation as a penalty for non-compliant businesses. In fact, the Immigration Reform and Control Act of 1986 does restrict state and local governments from doling out civil and criminal punishments above and beyond those imposed at the federal level – with one exception. The right to determine licensing laws is reserved to state and local governments to use as they see fit when it comes to “encouraging compliance” with existing federal immigration laws. The Supreme Court found that the right to issue a license implies the right to revoke a license as well. The Court also found that Arizona was within its rights to make e-Verify use mandatory.
Why Does the Chamber Care?
The Chamber of Commerce makes the argument that increasing the sanctions against employers who hire undocumented workers would result in discrimination against legal immigrants and workers perceived as potentially undocumented because of their ethnicity. Of course, there are already laws in place making such discrimination illegal and requiring that all users of e-Verify prominently display workplace posters explaining job candidate’s rights.
It’s pretty evident that the Chamber of Commerce is actually supporting what it perceives to be the interests of employers rather than workers. While business owners do face many HR challenges in running a profitable enterprise, the Chamber’s approach may end up doing employers more harm than good. Businesses that lag behind in revamping their I9 administration processes to comply fully with state and federal laws are going to be hardest hit by the increase in audits. The Chamber might better serve businesses by promoting greater compliance with existing laws and helping employers avoid legal pitfalls by providing education about non-discriminatory hiring practices.
Our Universal Onboarding system can help you achieve better compliance with proper I9 administration whether or not you employ workers in a state with mandatory e-Verify use.
