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Programs > Litigation Center > News & Events

FOR IMMEDIATE RELEASE - December 14, 2007          Contact: John Reid/Chris Gindlesperger

Chamber Appeals Denial of Standing to Challenge Constitutionality of AZ Immigration Law

WASHINGTON, D.C.—The National Chamber Litigation Center (NCLC) today filed a notice of appeal to the U.S Court of Appeals for the Ninth Circuit following a recent ruling by the U.S. District Court that dismissed the business association's lawsuit challenging the constitutionality of the Legal Arizona Workers Act.  NCLC represents the U.S. Chamber of Commerce, a member of a coalition of Arizona associations calling for review of the state law that interferes with federal law regulating the employment of undocumented workers by mandating the use of the so-called E-Verify program.

"The ability to challenge this type of law in Arizona is critical to striking down the unconstitutional immigration quick-fixes like this one that are spreading throughout the other states," said Robin Conrad, executive vice president. "We are committed to taking this appeal to the highest level necessary to prove the irreparable harm these kinds of state laws impose on the business community."

The Chamber challenged the constitutionality of Arizona's state law because the law imposes different liabilities and conflicting sanctions, including the revocation of business licenses, without an opportunity for a hearing, on employers who are deemed to have hired undocumented workers.  The district court failed to rule on the constitutionality of the law because it claimed that the challenge to the law must be brought against the County Attorneys rather than the State.

"We are confident that we will succeed on the merits once the Ninth Circuit remedies this procedural setback," Conrad stated. "Even the district court recognized that ordering the use of an electronic employee verification system that is voluntary under federal law could cause massive economic injury to local businesses."

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 of Commerce 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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