April 17, 2008               Contact: Sheldon Gilbert

U.S. Chamber and State Chambers Defend Pennsylvania Immigration Ruling

WASHINGTON, D.C.—The U.S. Chamber of Commerce joined 13 state chambers of commerce to urge the U.S. Court of Appeals for the Third Circuit to uphold a lower court decision striking down as unconstitutional the employment provisions of Hazleton, Pennsylvania's immigration ordinance Lozano, et al. v. City of Hazleton.

"Across the country, small businesses and national employers feel threatened by the deafening cacophony of conflicting state and local immigration laws," said Robin Conrad, executive vice president of the National Chamber Litigation Center (NCLC). "Last year alone, more than 240 employer-related immigration bills were introduced by at least 45 states.  The appeals court has an opportunity to clarify that state and local governments simply do not have the authority to set national immigration policy."

In a friend-of-the-court brief filed today, NCLC argued that the Hazleton immigration ordinance is unconstitutional because it is preempted by federal laws regulating the employment of illegal immigrants. Although federal law provides a "safe harbor" for employers who comply in good faith with the federal employment verification system, the Hazelton ordinance punishes employers who unknowingly hire illegal immigrants. The law also makes mandatory an error-prone voluntary pilot program for checking the work authorization status of an employee. Additionally, unlike federal law, the Hazleton ordinance does not prevent employers from relying on appearance, accent, language, or other factors in deciding whether to file a complaint.

"This case is about upholding a predictable and uniform regulatory system that is fair to small and national employers trying to legally conduct their business," said Conrad. "The U.S. Chamber and state chambers do not support the employment of illegal immigrants."

Thirteen state chambers of commerce joined NCLC as amici, or friends-of-the-court. They are Arizona, Colorado, Florida, Illinois, Indiana, Kansas, Kentucky, Missouri, New Jersey, North Carolina, Oklahoma, Tennessee, and West Virginia.

NCLC, the public policy law firm of the U.S. Chamber of Commerce, is a membership organization that advocates fair treatment of business in the courts and before regulatory agencies. The U.S. Chamber is the world's largest business federation representing more than 3 million businesses and organizations of every size, sector, and region.

NCLC

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