State immigration hiring laws
Chamber of Commerce of the United States of America v. Whiting
In brief
The Supreme Court agreed with the Ninth Circuit and left its judgment in place.
- Where it stands
- Decided
Decided 5-3 · May 26, 2011 · Opinion by Chief Justice Roberts
- What it’s about
- Business and civil-rights groups challenged Arizona rules requiring employers to check workers’ eligibility through a federal database and allowing business-license revocation for hiring unauthorized workers.
- Who it affects
- The Ninth Circuit’s judgment remains in place for the business and civil-rights groups challenging Arizona’s employer-check and licensing rules.
Summary: written with AI from the case record.
What it's about
The Supreme Court agreed with the Ninth Circuit (affirmed its judgment), leaving that judgment in place.
Federal law generally bars state and local penalties against employers for hiring unauthorized workers, with an exception for licensing and similar laws.
Question presented
An Arizona law requires state employers to check the immigration status of job applicants through a federal computer database, although the federal law creating the database makes its use voluntary. Arizona also revokes the business license of state companies that hire undocumented workers. Are these provisions pre-empted by federal immigration laws?
What the Court decided
Holding
The judgment is affirmed. 558 F. 3d 856, affirmed.
- Result
- Affirmed
The vote
- Joined the judgment
- Concurred in a separate opinion
- Dissented
- Wrote an opinion
- Majority · 1joined the Court's opinion
- Robertswrote the opinion
- Concurring · 4agreed with the result, wrote separately
- Dissenting · 3disagreed with the result
- Breyerwrote a dissent
- Ginsburg
- Sotomayorwrote a dissent
From the opinions
“Unlike the Court, I do not believe the state law falls within this exception, and I consequently would hold it pre-empted.”
What's next
The Supreme Court’s review is complete, and the Ninth Circuit’s judgment remains in place.
Documents
Opinions
Audio
Docket activity
New analysis added
AI analysis generated: Case Briefing
New analysis added
AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
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AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Audio Recording added: Oral Arguments - Whiting
Opinion added: Whiting
More questions
- What did the justices who disagreed say?
- Justice Breyer, with Ginsburg, said Arizona defined “license” too broadly; Justice Sotomayor said federal law did not give states the information needed to decide who knowingly hired unauthorized workers.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.