HR Initiative Files Brief Supporting Employers in Arizona Lawsuit

Washington, D.C. – The Human Resource Initiative for a Legal Workforce today joined a legal effort to overturn a new Arizona law requiring all employers that are located in Arizona, that transact business in Arizona, or that employ one or more persons in Arizona to use the federal employment verification system known as “Basic Pilot” (also known as “E-Verify”).

The HR Initiative, representing the nation’s leading human resource organizations – including hundreds of thousands of HR professionals and thousands of U.S. employers from every sector of the economy – filed its amicus curiae brief with the U.S. District Court of Arizona in support of the plaintiffs in Arizona Contractors Association et. al v. Janet Napolitano, Governor of Arizona, and Terry Goddard, Attorney General of Arizona (Case No. CV 07-1355-PHX-NVW).

“A patchwork of state and local laws mandating participation in Basic Pilot is not in the national interest, yet that is just what is happening today,” said Mike Aitken, Director of Governmental Affairs, Society for Human Resource Management (SHRM). 

Presently, 17 states have enacted eligibility verification laws, yet the requirements are not consistent with one-another.  For example, Arizona law mandates employers to participate in the Basic Pilot program by the beginning of 2008, yet Illinois law prohibits employers from participating until the program meets certain benchmarks related to accuracy and reliability.  An employer who conducts business in both Illinois and Arizona will find it impossible to comply with both laws.

In presenting its case, the HR Initiative brief stated:

Deference to Congress is essential in ensuring a consistent national immigration policy and avoiding local policies that frustrate Congress’s objectives.  Arizona is one of several states which have passed legislation regulating immigration enforcement at the worksite and sanctions against employers for hiring unauthorized workers.  These various state laws impose inconsistent requirements on employers and create substantial confusion for employers who conduct business in multiple jurisdictions.  In some cases, the states’ laws conflict with one-another and with federal law, making it impossible for employers to comply with all the laws at the same time.

“The Arizona law, along with other state statutes, will lead to confusion and conflicting obligations for employers across the country.  This is why Congress expressly preempted state and local governments from enacting laws on immigration enforcement and eligibility verification at the worksite.  The Arizona law should be overturned,” concluded Aitken.

A complete copy of the HR Initiative amicus curiae brief is available by clicking here.

The HR Initiative for a Legal Workforce includes:

•    American Council on International Personnel
•    College and University Professional Association for Human Resources
•    Food Marketing Institute
•    HR Policy Association
•    International Public Management Association for Human Resources
•    National Association of Manufacturers
•    Society for Human Resource Management