Chamber of Commerce v. Candelaria
In 2004 Arizona passed a new law that penalized employers who hire illegal aliens. The U.S. Chamber of Commerce and immigration activists filed suit to block enforcement of Arizona’s law by arguing that a State does not have the right to enforce immigration law.
The lower federal court ruled that Arizona had the power and duty to protect Arizona citizens and upheld the law.
The case was appealed to the United States Court of Appeals for the Ninth Circuit and that Court also upheld the law. The American Unity Legal Defense Fund supported Arizona in this appeal with an amicus brief that defended the right of Arizona – and the right of any State – to enforce its own law, particularly when the federal government has failed to protect Arizona’s citizens.
This decision marked the first time that a challenge to such a state law has been decided at the federal appeals court level. This favorable decision was appealed to the U.S. Supreme Court. The Court asked the Obama administration to file a brief giving the Court the federal government’s position on Arizona’s law. By the close of 2009, the Obama Administration’s brief had not been filed and the Court had not yet decided whether to hear the case.
Articles
- Recovering stolen jobs is the key, by Rep. Lamar Smith, Politico, December 3, 2009
- Supreme Court query puts Janet Napolitano on the spot Politico, November 6, 2009
Chamber of Commerce v. Candelaria