ABSTRACT

Federal Regulation of Alien Employment and Preemption Over State Laws [November 4, 2020]   [open pdf - 697KB]

From the Document: "The Immigration Reform and Control Act of 1986 (IRCA) established rules governing the employment of non-U.S. nationals (aliens) in the United States. IRCA made it unlawful for employers to knowingly hire 'unauthorized aliens' who lack federal permission to work in this country. The statute also created an employment verification system to determine an employee's work eligibility. IRCA's comprehensive scheme for regulating alien employment displaced a considerable amount of state regulation. But questions remain about the degree of that displacement. In the last decade, the Supreme Court considered several challenges to state laws regulating the employment of aliens. These challenges centered on whether IRCA preempted those state laws, rendering them unenforceable. [...] This Legal Sidebar provides an overview of IRCA, the doctrine of federal preemption, and the Supreme Court's jurisprudence about the preemptive reach of IRCA over state employment laws."

Report Number:
CRS Legal Sidebar, LSB10550
Author:
Publisher:
Date:
2020-11-04
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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