AGO 97046.

• Court: Nebraska

Nebraska Attorney General Opinions 1997. AGO 97046. DATE: September 11, 1997SUBJECT: Imposition of State Sanctions Against Employers Who Hire Illegal Aliens REQUESTED BY: Senator Donald G. PreisterWRITTEN BY: Don Stenberg, Attorney General L. Steven Grasz, Deputy Attorney General You have requested an Attorney General's Opinion as to whether the State of Nebraska could enact a law imposing fines on businesses or employers who hire illegal aliens/undocumented workers. You note in your request that the federal government regulates immigration, and you ask whether a state statute imposing such fines on employers would be constitutional. The U.S. Supreme Court has "long recognized the preeminent role of the Federal Government with respect to the regulation of aliens within our borders." Toll v. Moreno, 458 U.S. 1, 102 S.Ct. 2977, 2982 (1982). However, federal preemption of state laws regarding illegal aliens is not automatic. In DeCanas v. Bica, 424 U.S. 351, 96 S.Ct. 933 (1976), the Supreme Court addressed the issue of whether a California statute prohibiting employers from knowingly employing illegal aliens was unconstitutional under the Supremacy Clause of the U.S. Constitution. Id. at 935. The California statute imposed fines on employers of $200-$500 for each offense. Id. at 935 n.1. The Supreme Court held that federal law, including the Immigration and Nationality Act, 66 Stat. 163, as amended, 8 U.S.C. § 1101 et. seq., did not preempt the California statute. Id. at ...