Immigration Law Ruling Raises Employer Fears Legal Patchwork Could Arise After High Court Decision

May 29, 2011 – In The News
Business Insurance
A 2007 Arizona immigration law, which requires all Arizona employers to verify their employee's work authorization status using E-Verify, has been upheld by the U.S. Supreme Court.

E-Verify is an Internet-based employment eligibility system that was established in the 1996 Illegal Immigration Reform and Immigrant Responsibility Act by Congress.

Observers say a major concern is the ruling's endorsement of E-Verify, a system that some say is flawed and prone to error.

"They do get it wrong, and when they do get it wrong, there are serious consequences," said Robert Whitehill of the E-Verify system.

"I think it's entirely possible that (the ruling) will have a discriminatory effect," he stated. The ICRA achieved a "balance between thwarting undocumented workers and thwarting discrimination; and now that balance, I think, has been tipped in a way that there'll be more of an impetus for employers to discriminate, which I think is unfortunate," added Whitehill.