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Greg Siskind on Immigration Law and Policy

NEVADA ATTORNEY GENERAL: US CONSTITUTION ACTUALLY MEANS SOMETHING

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The Nevada Attorney General was asked to opine on whether a new rule allowing the Tax Commission to impose fines on employers with business licenses that hire illegally present workers was legal. The answer is no and here's why, according to the opinion:

IRCA preempts state laws imposing civil or criminal sanctions, but
does not preempt "licensing or similar laws." The "administrative fine"
imposed by AB. 383 is a "civil sanction" which is both expressly and
impliedly preempted by federal law. It is not a licensing or "fitness
to do business" law because the Tax Commission has no other authority
to act against an employer's business license for immigration-related
matters.
Therefore, it is an attempt to impose an additional state sanction on
certain businesses that violate the federal law, which is expressly
preempted. AB. 383 also conflicts with the comprehensive federal
scheme, which already sets maximum monetary sanctions for violations of
IRCA.

Hat tip to Peter Ashman in Arizona for sending this. Here's the file.Download Nevada2008_MARCH_NV_AG.pdf

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