Is Local Immigration Policy Valid?


A recent ruling by the 10th Circuit of the U.S. Court of Appeals calls into question the validity and enforceability of any state or local law or policy related to immigration.

In that case, the court struck down provisions of Oklahoma law that: (1) created a new cause of action against Oklahoma employers that discharged U.S. citizens or legal resident employees while retaining undocumented workers; and (2) required all Oklahoma businesses to obtain work eligibility documents or withhold taxes from them. See Chamber of Commerce of the USA v. Edmondson, no.s 08-6127, 08-6128 (Feb. 2, 2010).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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