United States Ninth Circuit

In a facial challenge to the legality of the Legal Arizona Workers Act (LAWA), judgment in favor of the state is affirmed where: 1) LAWA is not expressly preempted by the federal Immigration Reform and Control Act of 1986 (IRCA) which allows state regulation through licensing law; 2) LAWA's requirement that employers use federally voluntary E-Verify technology is not impliedly preempted by IRCA; and 3) LAWA's provisions regarding employers' right to dispute findings of employee authorization to work do not facially violate due process.

Appellate Information

• Argued 06/12/2008
• Decided 09/17/2008
• Published 09/17/2008

Judges

• Before:  MARY M. SCHROEDER, JOHN M. WALKER, JR., and N. RANDY SMITH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jonathan Weissglass, San Francisco, CA, attorney for plaintiffs/appellants.


• For Appellees:
  
• Mary O'Grady, Phoenix, AZ, for the State defendants/appellees., Roger W. Hall, Phoenix, AZ, for defendant/appellees, Apache, Cochise, Gila, Graham, Greenlee, La Paz, Navajo, Santa Cruz, and Yavapai Counties., Daniel Jurkowitz, Tucson, AZ, for defendant/appellee, Pima County.