Missouri 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 country.

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 local law."

According to ASA, this decision conflicts with decisions recently issued by other district courts.

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