Court Sets Precedent for Businesses Hiring Undocumented Workers
On January 31, Judge E. Richard Webber of the Eastern District
of Missouri Court ruled in favor of a Valley Park, Mo., ordinance
that denies licenses to businesses that hire undocumented workers.
According to the American Subcontractors Association (ASA), the
precedent-setting decision in Gray, et al. v. City of Valley
Park, Missouri could potentially affect employers across the
ASA notes that several organizations challenged the ordinance on
the grounds that it was preempted by federal law and that it violated
equal protection rights. However, according to court documents,
Webber ruled that the ordinance "is not preempted by federal immigration
law. The city's ordinance falls squarely into the exception to preemption
carved out by Congress. Furthermore, the emphasis on preventing
the hiring of illegal aliens is a goal shared by the federal and
According to ASA, this decision conflicts with decisions recently
issued by other district courts.
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