IRCA and all subsequent amendments regulate the employment status of immigrants.
Preemption of state laws. IRCA provisions “preempt any state or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ or recruit or refer for a fee for employment unauthorized” immigrants (8 USC Sec. 1324a(h)(2)).
There is an exception for state laws providing that a license can be revoked if an employer has violated IRCA. A number of state and local governments have passed provisions intended to outlaw or discourage the employment of undocumented immigrants in their jurisdictions.
IRCA’s preemption provision, however, is broadly worded and likely supersedes almost all local attempts to regulate the hiring of undocumented individuals. Note, however, that not all such state and local ...