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On June 25, 2012, the U.S. Supreme Court ruled in Arizona v.
United States that several provisions of Arizona's immigration
law (S.B. 1070) could not be enforced because federal immigration
law preempts state laws regarding control of immigration when there
is a conflict. Provisions of the Arizona law that imposed criminal
penalties on unauthorized workers, allowed warrantless arrests of
aliens suspected of being unauthorized, and intruded on federal
alien registration requirements may not be enforced. A related
provision, which requires law enforcement officers who conduct a
stop, detention, or arrest to make efforts to determine the
individual's immigration status, must be construed by Arizona
courts before it can be determined to conflict with federal law.
(For a detailed discussion of the Supreme Court's decision in
Arizona, click
here.)
Alabama's immigration law follows some provisions of Arizona
law, which will be construed under the recent Arizona decision.
However, the requirement that Alabama employers,
contractors, and subcontractors use the federal E-Verify procedure
will not likely be affected by the recent Arizona
decision, because the Supreme Court had earlier upheld an
Arizona law requiring employers to use E-Verify in U.S. Chamber of
Commerce v. Whiting. (For a full discussion of this decision, click
here.) Like the Arizona law, the Alabama E-Verify requirements
are enforced via business license restriction, which the Supreme
Court upheld in Whiting.
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On March 8, United States Citizenship and Immigration Services (USCIS) issued a revised Form I-9, Employment Eligibility Verification, bearing an edition date of March 8, 2013, for immediate use by employers.
EB-2 category for all chargeable areas other than China and India remains current, with some considerable forward movement but continued backlog in the EB-3 category.
A bipartisan group of eight U.S. senators has introduced the Border Security, Economic Opportunity and Immigration Modernization Act of 2013, an 844-page bill that aims to bolster border security and seeks to provide some of the nation's 11 million undocumented people with a path to citizenship.
The White House Immigration Action Newsletter - March 2013 (Video Content)
