An interesting development has surfaced in the Arizona E-Verify lawsuit –the U.S. Supreme Court is now inviting the Solicitor General (SG) to file a brief on the case expressing the views of the federal government, holding open the possibility that the High Court will hear the case. As previously reported, the U.S. Chamber of Commerce and other organizations filed a petition with the U.S. Supreme Court requesting a review of the Arizona E-Verify law, which requires all employers in the state to participate in E-Verify and imposes sanctions on employers who hire unauthorized workers. The petition (Chamber of Commerce, et al. v. Candelaria, et al.) argues that the Arizona statute is preempted by federal law and undermines the “comprehensive scheme” that Congress created to regulate the employment of foreign workers.

The question now is will the SG side with business organizations and argue that federal law preempts state and local encroachment on I-9 and E-Verify? Or will the SG be content to let states and counties continue the patchwork of E-Verify laws and regulations? Stay tuned for more updates!