Case Summaries

Small Business Legal Center

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Arizona Contractors' Association Inc. v. Janet Napolitano - Immigration

United States District Court for the District of Arizona
U.S. Court of Appeals for the Ninth Circuit

The Legal Foundation filed an amicus brief in a critical case that seeks to stop a new state law on immigration from taking effect Jan. 1, 2008.  The new law, popularly known as the Fair and Legal Employment Act, requires all Arizona employers to verify new hires through the federal basic pilot program, now known as e-verify. While well intended, Arizona's new law is unfair to Arizona's businesses. States should not be forcing businesses to comply with a federal program, especially when the program is in its pilot stage and has a high error rate.

Status: PENDING. Amicus brief filed Oct. 5, 2007. District court dismissed the case for procedural reasons in February 2008. Amicus brief filed in support of plaintiffs' appeal in the Ninth Circuit April 9, 2008.

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