Page is loading...

What Does the Supreme Court’s Ruling Mean to Indiana Employers?

While the Supreme Court held that several provisions of AZ’s immigration law were preempted by federal law in the landmark decision of Arizona v. United States, employers should not be misled into believing that all state law immigration laws have been invalidated.

The provisions of the law which were struck down were those of a criminal nature (i.e., making it a misdemeanor for unauthorized aliens to apply for work, to fail to carry valid immigration documents as well as a provision for warrantless arrests of persons suspected of committing a deportable offense). Indiana’s immigration law also has both employment-related and law enforcement-related immigration provisions as well.

Indiana ’s law enforcement provisions have been enjoined pending the Supreme Court’s decision (i.e. warrantless arrests under certain circumstances and the prohibition against the use of consular IDs). While those provisions may ultimately fail, the provisions requiring mandatory use of E-Verify for state and local governments, as well as the safe harbor provisions for private employer’s who utilize E-Verify for new hires, were not challenged by the ACLU.

Despite the Supreme Court’s most recent ruling, Employers should continue to utilize E-Verify for new hires to avoid state tax penalties and the repayment of unemployment benefits associated with unauthorized aliens.



Indiana Raises Penalties To Over $132K For Knowing Violations Resulting In Death

April 30, 2019 | Currents - Employment Law, Employment Lessons

ICE Raids on 7-Eleven Franchise Stores Result in 21 Arrests

January 12, 2018 | Employment Lessons, High Stakes Employment Issues, Currents - Employment Law

Indiana Follows Illinois in Key Noncompete Decisions from the Heartland

September 5, 2014 | Letter of the Law, Non-competes and Trade Secrets, Currents - Employment Law

Seventh Circuit Judges Grill State Attorneys on Gay Marriage

August 28, 2014 | Employment Discrimination, Currents - Employment Law

U.S. District Court Strikes Down Indiana’s Ban On Same-Sex Marriage

June 27, 2014 | Employee Health Issues, Currents - Employment Law


Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
Immigration Law
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.