chamber commerce america et al whiting et argued december decided may immigration reform control act irca makes unlawful person entity hire recruit refer fee employment alien knowing alien unauthorized alien employers violate prohibition may subjected federal civil criminal sanctions irca also restricts ability combat employment unauthorized workers act expressly preempts state local law imposing civil criminal sanctions licensing similar laws upon employ recruit refer fee employment unauthorized aliens irca also requires employers take steps verify employee eligibility employment attempt improve verification process illegal immigration reform immigrant responsibility act iirira congress created system employers use check work authorization status employees statutory background several recently enacted laws attempting impose sanctions employment unauthorized aliens among things licensing similar laws arizona one legal arizona workers act provides licenses state employers knowingly intentionally employ unauthorized aliens may certain circumstances must suspended revoked law also requires arizona employers use chamber commerce various business civil rights organizations collectively chamber filed federal preenforcement suit charged administering arizona law arguing state law license suspension revocation provisions expressly impliedly preempted federal immigration law mandatory use impliedly preempted district found plain language irca preemption clause invalidate arizona law law impose licensing conditions businesses operating within state state law preempted respect concluded although congress made program voluntary national level expressed intent prevent mandating participation ninth circuit affirmed held judgment affirmed affirmed chief justice delivered opinion respect parts concluding arizona licensing law expressly preempted arizona licensing law falls well within confines authority congress chose leave therefore expressly preempted irca prohibits imposing civil criminal sanctions employ unauthorized aliens preserves state authority impose sanctions licensing similar laws arizona law instructs courts suspend revoke business licenses employers employ unauthorized aliens definition license contained arizona statute largely parrots definition license congress codified administrative procedure act apa state statute also includes within definition license documents articles incorporation certificates partnership grants authority foreign companies transact business state rev stat ann clear counterparts apa dictionary definitions word license even law regulating articles incorporation like licensing law least similar one therefore comfortably within savings clause chamber argument arizona law licensing law operates suspend revoke licenses rather grant without basis law fact logic chamber contends savings clause apply certain types licenses license revocation following irca adjudication congress enacting irca eliminated unauthorized worker prohibitions associated adjudication procedures another federal statute limits even remotely discernible statutory text chamber reliance irca legislative history bolster textual structural arguments unavailing given conclusion arizona law falls within plain text savings clause pp chief justice joined justice scalia justice kennedy justice alito concluded part arizona licensing law impliedly preempted federal law broadest chamber argument congress intended federal system exclusive arizona procedures simply implement sanctions congress expressly allowed pursue licensing laws given congress specifically preserved authority stands reason congress intend prevent using appropriate tools exercise authority arizona law closely tracks irca provisions material respects example adopts federal definition qualifies unauthorized alien compare rev stat ann provides state investigators must verify work authorization allegedly unauthorized alien federal government making independent determination matter requires state consider federal government determination chamber general contention arizona law preempted upsets balance congress sought strike irca also fails cases chamber relies making argument involve uniquely federal areas interest see buckman plaintiffs legal regulating businesses licensing laws area cases concern state actions directly interfered operation federal program see similar interference chamber asserts employers err side discrimination rather risk death hiring unauthorized workers choice license termination available sanction merely hiring unauthorized workers triggered far egregious violations arizona law covers knowing intentional violations employer acting good faith need fear law sanctions moreover federal state antidiscrimination laws protect employment discrimination provide employers strong incentive discriminate employers also enjoy safe harbors liability using required arizona law rational path employers obey law barring employment unauthorized aliens law prohibiting discrimination reason suppose arizona employers choose pp chief justice delivered opinion respect part concluding arizona mandate impliedly preempted arizona requirement employers use impliedly preempted iirira provision setting contains language circumscribing state action however constrain federal action absent prior violation federal law secretary homeland security may require person entity outside federal government participate iirira fact federal government may require use limited circumstances says nothing may government recently argued another case approvingly referenced arizona law example permissible use moreover arizona use conflict federal scheme state law requires employer hiring employee verify employment eligibility employee rev stat ann consequences using state federal law employer forfeits otherwise available rebuttable presumption compliance law pp chief justice joined justice scalia justice kennedy justice alito concluded part arizona requirement employers use way obstructs achieving aims federal program fact government consistently expanded encouraged use congress directed made available government expressly rejected chamber claim arizona law like overload federal system pp roberts delivered opinion except parts scalia kennedy alito joined opinion full thomas joined parts concurred judgment breyer filed dissenting opinion ginsburg joined sotomayor filed dissenting opinion kagan took part consideration decision case chamber commerce america et petitioners michael whiting et al writ certiorari appeals ninth circuit may chief justice roberts delivered opinion except parts federal immigration law expressly preempts state local law imposing civil criminal sanctions licensing similar laws upon employ unauthorized aliens recently enacted arizona statute legal arizona workers act provides licenses state employers knowingly intentionally employ unauthorized aliens may certain circumstances must revoked law also requires arizona employers use federal electronic verification system confirm workers employ legally authorized workers question presented whether federal immigration law preempts provisions arizona law conclude state licensing provisions fall squarely within federal statute savings clause arizona regulation otherwise conflict federal law hold arizona law preempted congress enacted immigration nationality act ina stat amended et seq statute established comprehensive federal statutory scheme regulation immigration naturalization set terms conditions admission country subsequent treatment aliens lawfully country de canas bica years following enactment ina several took action prohibit employment living within state borders lawful residents example passed law providing employer shall knowingly employ alien entitled lawful residence employment adverse effect lawful resident workers cal stats ch california law imposed fines ranging violation prohibition least enacted provisions time period proscribing employment unauthorized first addressed interaction federal immigration law state laws dealing employment unauthorized aliens de canas case recognized ower regulate unquestionably federal power time however noted possess broad authority police powers regulate employment relationship protect workers within state prohibit ing knowing employment persons entitled lawful residence let alone work certainly within mainstream state police power federal government best expressed peripheral concern employment illegal entrants point time result declined hold state law assessing civil fines employment unauthorized aliens preempted federal immigration law ten years de canas congress enacted immigration reform control act irca stat irca makes unlawful person entity hire recruit refer fee employment alien knowing alien unauthorized alien irca defines unauthorized alien alien lawfully admitted permanent residence otherwise authorized attorney general employed facilitate compliance prohibition irca requires employers review documents establishing employee eligibility employment employer confirm employee authorization work reviewing employee passport resident alien card alien registration card document approved attorney general reviewing combination documents driver license social security card employer must attest penalty perjury department homeland security form verified individual unauthorized alien reviewing documents form information contained appended may used purposes enforcement irca specified provisions federal law employers violate irca strictures may subjected civil criminal sanctions immigration customs enforcement entity within department homeland security authorized bring charges noncompliant employer depending circumstances violation civil fine ranging per unauthorized worker may imposed see fed reg employers engage pattern practice violating irca requirements criminally prosecuted fined imprisoned six months act also imposes fines engaging unfair employment practice discriminating basis citizenship national origin see irca document review requirements provides employer affirmative defense charged violation irca also restricts ability combat employment unauthorized workers act expressly preempts state local law imposing civil criminal sanctions licensing similar laws upon employ recruit refer fee employment unauthorized aliens provision state laws imposing civil fines employment unauthorized workers like one upheld de canas expressly preempted attempt improve irca employment verification system congress created three experimental complements process part illegal immigration reform immigrant responsibility act iirira stat note following arizona contractors candelaria supp see one programs remains operation today originally known basic pilot program system allows employer verify employee status chicanos por la causa napolitano employer submits request system based information employee provides similar used process response request employer receives either confirmation tentative nonconfirmation employee authorization work employee may challenge nonconfirmation report employee challenge unsuccessful employment must terminated federal government must informed see ibid absence prior violation certain federal laws iirira prohibits secretary homeland security requir ing person entity outside federal government participate program stat promote use program however statute provides employer utilizes obtains confirmation identity employment eligibility compliance terms conditions program established rebuttable presumption violated irca unauthorized alien employment prohibition acting statutory historical background several recently enacted laws attempting impose sanctions employment unauthorized aliens among things licensing similar laws arizona one legal arizona workers act allows arizona courts suspend revoke licenses necessary business state employer knowingly intentionally employs unauthorized alien rev stat ann west supp citing arizona law individual files complaint alleging employer hired unauthorized alien attorney general county attorney first verifies employee work authorization federal government pursuant rev stat ann section provides federal government shall respond inquiry state seeking verify ascertain citizenship immigration status individual providing requested verification status information arizona law expressly prohibits state county local officials attempting independently make final determination whether alien authorized work rev stat ann inquiry reveals worker unauthorized alien attorney general county attorney must notify immigration customs enforcement notify local law enforcement bring action employer complaint brought employer arizona law shall consider federal government determination pursuant determining whether employee unauthorized alien compliance federal process provides employers prosecuted state affirmative defense first instance knowingly employ ing unauthorized alien requires order employer terminate employment unauthorized aliens file quarterly reports new hires probationary period three years may also order appropriate agencies suspend licenses held employer period exceed ten business days second knowing violation requires adjudicating permanently revoke licenses held employer specific business location unauthorized alien performed work first intentional violation must order employer terminate employment unauthorized aliens file quarterly reports new hires probationary period five years must also suspend employer licenses minimum days second intentional violation requires permanent revocation business licenses respect knowing intentional violations violation qualifies second violation business location first violation time employer already probation violation location arizona law also requires every employer hiring employee shall verify employment eligibility employee using roof verifying employment authorization employee program creates rebuttable presumption employer knowingly employ unauthorized alien chamber commerce various business civil rights organizations chamber commerce chamber filed suit federal charged administering arizona law dozen arizona county attorneys governor arizona arizona attorney general arizona registrar contractors director arizona department revenue collectively arizona chamber argued arizona law provisions allowing suspension revocation business licenses employing unauthorized aliens expressly impliedly preempted federal immigration law mandatory use impliedly preempted district held arizona law supp found plain language irca preemption clause preempt arizona law state law impose licensing conditions businesses operating within state respect concluded although congress made program voluntary national level expressed intent prevent mandating participation appeals affirmed district respects holding arizona law similar law falling within irca savings clause none state law challenged provisions expressly impliedly preempted federal policy granted certiorari ii chamber commerce argues arizona law expressly preempted irca text impliedly conflicts federal law address chamber arguments turn federal law contains express preemption clause focus plain wording clause necessarily contains best evidence congress intent csx easterwood irca expressly preempts imposing civil criminal sanctions employ unauthorized aliens licensing similar laws arizona law face purports impose sanctions licensing laws state law authorizes state courts suspend revoke employer business licenses employer knowingly intentionally employs unauthorized alien rev stat ann arizona law defines license agency permit certificate approval registration charter similar form authorization required law issued agency purposes operating business state definition largely parrots definition license congress codified administrative procedure act see includes whole part agency permit certificate approval registration charter membership statutory exemption form permission apart general definition arizona law specifically includes within definition license articles incorporation certificates partnership grants authority foreign companies transact business state rev stat ann examples clear counterparts apa definition quoted see defining license including registration charter license right permission granted accordance law engage business occupation act engage transaction license unlawful webster third new international dictionary articles incorporation certificates partnership allow formation legal entities permit engage business transactions authorization unlawful ibid see rev stat ann west articles incorporation allow corporation carry business affairs onduct business see also west supp authorizations foreign businesses operate within state referred licenses see nacionales de colombia hall searle cohn rosenberg curtis brown moreover even law regulating articles incorporation partnership certificates like licensing law least similar licensing law therefore comfortably within savings clause chamber amicus argue arizona law licensing law operates suspend revoke licenses rather grant construction term runs contrary definition congress codified see includes agency process respecting grant renewal denial revocation annulment withdrawal limitation amendment modification conditioning license emphasis added also contrary common sense basis law fact logic deeming law grants licenses licensing law law suspends revokes licenses something else altogether chamber also submits manner congress amended related statute enacting irca supports narrow interpretation savings clause migrant seasonal agricultural worker protection act awpa et requires employers secure registration certificate department labor engaging farm labor contracting activity prior irca awpa contained prohibition hiring unauthorized workers accompanying adjudication procedures see ed repealed irca stat ed amended irca stat congress enacted irca repealed awpa separate unauthorized worker prohibition eliminated associated adjudication process current state law awpa certification may denied based prior irca violation obtained certification revoked employment unauthorized alien following finding irca violation ibid chamber asserts irca amendment awpa shows congress meant allow state licensing sanctions federal irca adjudication adverse action awpa taken irca procedures text irca savings clause says nothing state licensing sanctions contingent prior federal adjudication indeed state licensing processes simple fact federal law creates procedures federal investigations adjudications culminating federal civil criminal sanctions indicate congress intended prevent establishing procedures imposing sanctions licensing awpa amended conform irca two different federal agencies responsible administering two different unauthorized alien employment laws conforming amendments eliminated potential redundancy centralized federal adjudicatory authority hardly supports conclusion state licensing programs must also contingent central federal system much vein chamber argues congress repeal awpa separate prohibition concerning unauthorized workers belies suggestion irca meant authorize impose separate prohibition congress instead wanted uniformity immigration law enforcement brief petitioners justice breyer also objects departure one centralized enforcement scheme federal law post dissenting opinion congress expressly preserved ability impose sanctions licensing like federal system general necessarily entails prospect departure homogeneity separate prohibition worth recalling arizona licensing law based exclusively federal prohibition reviewing complaint arizona law may consider federal government determination respect whether employee unauthorized alien even boldly chamber contends irca savings clause intended allow impose licensing sanctions solely farm contracting licensees awpa specifically recognized federal regulation farm contracting licensing intended supplement state law chamber argues purpose irca savings clause limited preserving existing state farm contractor licensing programs limit remotely discernible statutory text absent textual basis inclined limit markedly otherwise broad phrasing savings clause see shreveport grain elevator extrinsic aids construction may used solve create ambiguity emphasis internal quotation marks omitted chamber argues textual structural arguments bolstered irca legislative history already concluded arizona law falls within plain text irca savings clause said congress authoritative statement statutory text legislative history exxon mobil allapattah services see also hoffman plastic compounds nlrb whatever usefulness relying legislative history materials general arguments particularly compelling beyond verbatim recitation statutory text legislative history documents related irca save one fail discuss savings clause senate judiciary committee report senate version law comment see one four house reports law touches licensing exception see pt previously dismissed report rather slender reed one house politically divided congress hoffman supra conference committee report discuss scope irca preemption provision way see conf irca expressly preempts state powers dealing employment unauthorized aliens expressly preserves others hold arizona licensing law falls well within confines authority congress chose leave therefore expressly preempted alternative express preemption argument chamber contends arizona law impliedly preempted conflicts federal law broadest level chamber argument congress intended federal system exclusive state system therefore necessarily conflicts federal law brief petitioners arizona procedures simply implement sanctions congress expressly allowed arizona pursue licensing laws given congress specifically preserved authority stands reason congress intend prevent using appropriate tools exercise authority arizona went extra mile ensuring law closely tracks irca provisions material respects arizona law begins adopting federal definition qualifies unauthorized alien compare unauthorized alien alien lawfully admitted permanent residence otherwise authorized federal law employed rev stat ann adopting federal definition unauthorized alien see de canas finding preemption state law operates respect individuals federal government already declared work country arizona law expressly provides state investigators must verify work authorization allegedly unauthorized alien federal government shall attempt independently make final determination whether alien authorized work state shall consider federal government determination deciding whether employee unauthorized alien emphasis added result definition conflict state federal law worker authorization either investigatory adjudicatory federal determination state must rely provided see supra provision requires federal government verify ascertain individual citizenship immigration status response state request justice breyer concerned information says nothing work authorization post dissenting opinion justice sotomayor shares concern post dissenting opinion inquiry reveals someone citizen certainly answers question whether individual authorized work true response query disclosed individual lawful permanent resident alien hand ordered removed event information provided confirm employee unauthorized alien state prove case see brief respondents information federal authorities establish person unauthorized alien means county attorney satisfy burden proof enforcement action tr oral arg basic starting point arizona law continues trace federal law state federal law prohibit knowingly employing unauthorized alien compare rev stat ann state law stop guarding conflict federal law arizona law provides nowingly employ unauthorized alien means actions described code term shall interpreted consistently code applicable federal rules regulations arizona law provides employers defense compliance process federal law compare person entity establishes complied good faith employment verification requirements respect hiring alien established affirmative defense person entity violated law rev stat ann employer establishes complied good faith requirements code section establishes affirmative defense employer knowingly employ unauthorized alien federal arizona law accord employers rebuttable presumption compliance law use validate finding employment eligibility compare iirira stat rev stat ann apart mechanics arizona law chamber argues generally law preempted upsets balance congress sought strike enacting irca chamber view irca reflects congress careful balancing several policy considerations deterring unauthorized alien employment avoiding burdens employers protecting employee privacy guarding employment discrimination according chamber harshness arizona law extraneous pull scheme established impermissibly upsets balance brief petitioners quoting buckman plaintiffs legal see brief petitioners reply brief petitioners initial matter cases chamber relies advancing argument involve uniquely federal areas regulation see american ins assn garamendi presidential conduct foreign policy crosby national foreign trade council foreign affairs power buckman plaintiffs legal fraud federal agency locke regulation maritime vessels bonito boats thunder craft boats patent law regulating businesses licensing laws never considered area dominant federal concern furthermore cases concern state actions directly interfered operation federal program buckman example determined allowing state tort action cause applicants federal agency submit deluge information agency neither wants needs resulting additional burdens agency evaluation application harmful delays agency process garamendi state law imposing sanctions insurance companies directly thwart ed federal government policy repose insurance companies participated international program negotiated president crosby involved state law imposing sanctions entity business burma law left president less offer less economic diplomatic leverage exercising foreign affairs powers state law bonito boats extended protection subject matter patent protection denied expired thus eroding general rule free competition upon attractiveness federal patent bargain depends portions locke chamber relies involved state efforts impose additional unique substantive regulation conduct vessels area federal interest manifest since beginning republic similar interference federal program case program operates unimpeded state law license suspension revocation significant sanctions typical attributes licensing regime numerous arizona laws provide suspension revocation licenses failing comply specified state laws see rev stat ann west federal law recognizes authority license includes authority suspend revoke annul withdraw license see indeed awpa chamber heavily relies provides awpa certificates registration suspended revoked employing unauthorized alien makes little sense preserve state authority impose sanctions licensing allow revoke licenses appropriate one sanctions chamber justice breyer assert employers err side discrimination rather risk death hiring unauthorized workers post dissenting opinion see brief petitioners choice license termination available sanction simply hiring unauthorized workers far egregious violations law trigger consequence arizona law covers knowing intentional violations law permanent licensing sanctions come play second knowing intentional violation business location second violation occurs employer still probation first limits ensure licensing sanctions imposed employer conduct fully justifies employer acting good faith need fear sanctions chamber points irca provisions see imposing sanctions discrimination individual respect hiring discharging individual employment arizona law certainly nothing displace federal laws arizona laws provide protection employment discrimination strong incentive employers discriminate see prohibiting discrimination based race color religion sex national origin rev stat ann west supp prohibiting employment discrimination based race color religion sex age national origin required avoid sanctions legal arizona workers act refrain knowingly intentionally violating employment law employers enjoy safe harbors liability use system arizona law requires rational path employers obey law law barring employment unauthorized aliens law prohibiting discrimination reason suppose arizona employers choose piece legislation congress indeed seek strike balance among variety interests enacted irca part balance however involved allocating authority federal government principle congress adopted federal government impose large sanctions small ones irca instead preserved state authority particular category sanctions imposed licensing similar laws course arizona hopes law result effective enforcement prohibition employing unauthorized aliens preserving authority impose sanctions licensing laws congress intend preserve state laws effect balancing process culminated irca resulted ban hiring unauthorized aliens state law simply seeks enforce ban implied preemption analysis justify freewheeling judicial inquiry whether state statute tension federal objectives endeavor undercut principle congress rather courts preempts state law gade national solid wastes management kennedy concurring part concurring judgment see silkwood precedents establish high threshold must met state law conflicting purposes federal act gade supra threshold met iii chamber also argues arizona requirement employers use federal system determine whether employee authorized work preempted chamber view congress wanted develop reliable system verification serve alternative procedures mandatory use impedes purpose begin relevant text provision iirira setting program includes contains language circumscribing state action however constrain federal action absent prior violation federal law secretary homeland security may require person entity outside federal government participate pilot program iirira stat provision limits secretary homeland security may nothing federal government recently argued approvingly referenced arizona law executive order mandated executive agencies require federal contractors use condition receiving federal contract see exec order fed reg order implementing regulation challenged government pointed arizona mandate example permissible use system state arizona required public private employers state use permissible state arizona secretary homeland security defendants reply memorandum support motion summary judgment md emphasis added appeal dism arizona use conflict federal scheme arizona law requires every employer hiring employee shall verify employment eligibility employee rev stat ann west supp requirement entirely consistent federal law consequences using arizona law consequences using system federal law instances result employer forfeits otherwise available rebuttable presumption complied law compare iirira rev stat ann congress objective authorizing development ensure reliability employment verification combat counterfeiting identity documents protect employee privacy arizona requirement employers operating within borders use way obstructs achieving aims fact federal government consistently expanded encouraged use created meant last four years made available six iirira stat congress since acted extend program existence four separate occasions recent ensures program vitality congress directed secretary homeland security make available stat iirira stat department homeland security even used billboard radio advertisements encourage greater participation program supp chamber contends followed arizona lead drain federal resources overwhelm federal system render completely ineffective thereby defeating congress primary objective establishing brief petitioners whatever legal significance argument agree factual premise according department homeland security system accommodate increased use arizona statute existing similar laws create brief amicus curiae notes government continues encourage employers participate chamber reservations reliability see brief petitioners disagrees federal government reports successful track record borne findings documenting system accuracy participants satisfaction brief amicus curiae indeed according government program best means available determine employment eligibility new hires dept homeland security citizenship immigration services user manual employers irca expressly reserves authority impose sanctions employers hiring unauthorized workers licensing similar laws exercising authority arizona taken route least likely cause tension federal law uses federal government definition unauthorized alien relies solely federal government determination unauthorized alien requires arizona employers use federal government system checking employee status even gives rise impermissible conflicts federal law really way state implement licensing sanctions contrary express terms savings clause arizona unauthorized alien employment law fits within confines irca savings clause conflict federal immigration law judgment appeals ninth circuit affirmed ordered justice kagan took part consideration decision case chamber commerce america et petitioners michael whiting et al writ certiorari appeals ninth circuit may justice breyer justice ginsburg joins dissenting federal immigration reform control act act irca state local law imposing civil criminal sanctions licensing similar laws upon employ recruit refer fee employment unauthorized aliens state law us legal arizona workers act imposes civil sanctions upon employ unauthorized aliens see rev stat ann et seq west supp thus state law falls within federal act general rule unless also falls within rule exception licensing similar laws unlike believe state law falls within exception consequently hold arizona calls state statute licensing law statute uses word licensing statute strays beyond bounds federal licensing exception defines license include articles incorporation partnership certificates indeed virtually every authorization firm corporation partnership business state cf excepting professional licenses water environmental permits congress intend licensing language create broad exemption permit eviscerate federal act provision indeed subvert act undermining congress efforts protect lawful workers discrimination protect lawful employers erroneous prosecution punishment dictionary definitions word licensing majority points broad enough include virtually permission state chooses call license see ante relying dictionary federal administrative procedure act neither dictionary definitions use word license unrelated statute demonstrate scope congress intended word licensing used word federal statute instead statutory context must ultimately determine word coverage context tells driver produce partnership certificate policeman stops car asks license context tells us licensing used act include marriage licenses licensing domestic animals context includes statutory purposes language history tells us federal statute licensing language embrace arizona overly broad definition term say ordinary corporate charters certificates partnership like fall within scope word licensing used federal exception see dolan postal service statutory interpretation requires courts rea whole statutory text conside purpose context statute consul precedents authorities inform analysis heirs boisdoré similar understand majority interpretation word licensing subverts act one must understand basic purposes provision act ordinarily express provision federal statute indicates particular congressional interest preventing enacting laws might interfere congress statutory objectives see international paper ouellette majority reading provision licensing exception however opposite facilitates creation accomplishment execution full purposes objectives congress crosby national foreign trade council quoting hines davidowitz essentially federal act requires employers verify work eligibility employees act balances three competing goals first seeks discourage american employers hiring aliens authorized work pt second congress wished avoid placing undue burden employers act seeks prevent harassment innocent employers third act seeks prevent employers disfavoring job applicants appear foreign reiterating longstanding antidiscrimination concerns house committee report explained numerous witnesses expressed deep concern imposition employer sanctions cause extensive employment discrimination minority group members witnesses genuinely concerned employers faced possibility civil criminal penalties extremely reluctant hire persons linguistic physical characteristics see also making unlawful employment practice employer discriminate individual individual race color religion sex national origin commission civil rights tarnished golden door civil rights issues immigration finding increased employment discrimination citizens legal residents racially culturally major immigrant groups result employer sanctions law committee concluded every effort must taken minimize potentiality discrimination act reconciles competing objectives several ways first act prohibits employers hiring alien knowing alien unauthorized work second act provides mechanism allow employers determine legality form completing form employer certifies examined one two documents passport driver license along social security card tend confirm worker identity employability completion form good faith immunizes employer liability even worker turns unauthorized later amendment law also allows employer verify employee work eligibility federal system called receive benefit rebuttable presumption compliance illegal immigration immigrant responsibility act iirira stat note following pilot programs employment eligibility confirmation third act creates central enforcement mechanism act directs attorney general establish single set procedures receiving complaints investigating complaints substantial validity prosecuting violations relevant immigration officials administrative law judges power access necessary evidence witnesses employer right seek discovery federal government cfr employer also right administrative judicial review administrative law judge decision fourth act makes unfair employment practice discriminate individual respect employment individual national origin fifth act sets forth carefully calibrated sanction system penalties hiring unauthorized aliens graduated prevent act unduly burdening employers serious offenders adjusted inflation civil penalties first violation employment restrictions range per worker rise per worker repeat offenders fed reg see also imposing criminal fines per worker imprisonment six months pattern practice violators employment restrictions importantly act limits removes incentive discriminate basis national origin setting antidiscrimination fines equivalent levels per worker offenders per worker repeat offenders iv fed reg act ties unlawful employment antidiscrimination provisions together providing antihiring provisions terminate antidiscrimination provisions also terminate justification removed conf compare contrast arizona statute said statute applies virtually licenses professional licenses rev stat ann like federal act state law forbids employment unauthorized aliens also provides employers somewhat similar defenses thereafter state federal laws part company first state statute seriously threatens federal act antidiscriminatory objectives radically skewing relevant penalties example absence arizona statute arizona employer intentionally hires unauthorized alien second time risk maximum penalty ii fed reg arizona statute subjects employer respect two incidents mandatory permanent loss right business penalty arizona governor called business death penalty rev stat ann news release governor signs employer sanctions bill app time state law leaves side punishment balance antidiscrimination side unchanged idle concern despite federal act efforts prevent discriminatory practices evidence four years become law discrimination serious problem general accounting office identified widespread discrimination result act report congress immigration reform employer sanctions question discrimination sixteen percent employers los angeles admitted applied requirement persons percent texas employers reported began practice hire persons born hire persons temporary work eligibility documents act even federal act carefully balanced penalties result employers discriminating employers behave erring side discrimination leads relatively small fines erring side hiring unauthorized workers leads business death penalty second arizona law subjects lawful employers burdens risks erroneous prosecution addition arizona law severely burdensome sanctions law procedures create enforcement risks present federal system federal act creates one centralized enforcement scheme run officials versed immigration law access relevant federal documents upshot increased likelihood federal officials employer discover whether adverse information flows source proceed accordingly thereby diminishing likelihood burdensome proceedings liability reflect documentary mistakes contrast enforcement system arizona statute creates citizen state complain anonymously otherwise state attorney general county attorney shall investigate rev stat ann emphasis added upon determination complaint false frivolous shall notify appropriate county attorney bring action mandatory language lower standard frivolous instead substantial removal immigration officials state screening process substituting numerous elected county attorneys increase likelihood suspicious circumstances lead prosecutions liability employers even careful investigation revealed violation matter far trivial studies one important source government information system describe federal administrative process corrected system tentative unemployable indications time substantial error rate function small sample size see ante rather data one fiscal year showed workers initially rejected later confirmed work authorized used fraction nation employers citizenship immigration services statistics reports http vgnextchannel visited may available clerk case file say nearly times system suggested individual lawfully employable returned tentative nonconfirmation work authorization system wrong subsequent review federal administrative process determined much wrongly identified likely persons foreign rather domestic origin ratio approximately see westat findings program evaluation xxxi assessing data april june accuracy rate even worse require use employees related provision state law aggravates risk erroneous prosecutions state statute says determining whether employee unauthorized alien shall consider federal government determination pursuant rev stat ann federal provision state law refers says federal government upon state request shall verify person citizenship immigration status says nothing work authorization see post sotomayor dissenting says nothing source federal government information imposes duty upon federal government anyone else investigate validity information may falsely implicate employer time employer statute gives employer state proceeds state right conduct discovery federal government arizona statute like federal statute says employer use form provides defense hitch federal act says neither form information contained appended form may used enforcement federal act employer present defense say government information base flawed majority takes view forms necessary receive benefit affirmative defense ante form surely employer effective evidence see also post sotomayor dissenting suggesting unavailability forms defend charges means congress intended proceedings arizona statute facilitate presentation defense immediately follows statement shall consider federal government determination considers whether employee unauthorized alien statement federal government determination creates rebuttable presumption employee lawful status rev stat ann emphasis added two statements sound mean federal government determination worker unlawful conclusive employer determination worker employment lawful subject rebuttal state arizona tells us statute means opposite see ante legal briefs arizona attorney general bind state courts matter cleared employers despite checks despite efforts use hesitate hire fear turn lack right work basic point either directly uncertainty creates arizona statute impose additional burdens upon lawful employers consequently lead employers erect ever stronger safeguards hiring unauthorized aliens without counterbalancing protection unlawful discrimination defining licensing broadly bringing nearly businesses within scope arizona statute creates effects statewide congress deliberately limiting ordinary penalties range thousand dollars per illegal worker want permit far drastic state penalties directly mandatorily destroy entire businesses congress carefully balancing sanctions avoid encouraging discrimination want allow destroy balance congress creating detailed procedural protections employers want allow undermine congress want write express provision provision designed prevent undercutting federal statutory objectives exception easily destabilize efforts answer questions congress wanted things fact indicates majority reading licensing exception reading allow congress sought forbid wrong ii federal licensing exception apply state statute like arizona statute seeks bring virtually articles incorporation partnership certificates within scope find scope exception federal far limited context purpose history make clear licensing similar laws issue involve licensing systems issuance articles incorporation partnership certificates like long little nothing hiring employment indeed arizona provides evidence state time federal act enacted refused grant revoked say partnership certificates light partners hiring practices kind much less hiring unauthorized aliens see rev stat ann limited partnership formed upon filing certificate partnership providing names addresses providing dissolution limited partnership application partner assignee whenever reasonably practicable carry business conformity partnership agreement read exception covering laws governing corporate charters partnership certificates usually called licensing laws permit turn virtually every state law licensing law state need call permission license revoke license holder hire unauthorized alien previously licensing law become one simply using sanction hiring unauthorized aliens simply state definition indeed state call corporate charter licensing law auto licensing law amended revoke driver licenses hire unauthorized aliens dog licensing law impute newly required license conduct business every human state withdrawing license individual hire unauthorized alien see code ann supp providing private employers south carolina shall imputed south carolina employment license permits private employer employ person state conditioning license company hiring unauthorized aliens laws might prove effective stopping hiring unauthorized aliens unlikely consistent congress critically important goals particular congress efforts protect discrimination legal workers look sound foreign read federal exemption licensing laws limited involve kind licensing absence general state statute nonetheless significant relation employment hiring practices otherwise read federal licensing exception authorizing state undermine swallow federal rule iii therefore read words licensing similar laws covering state licensing systems applicable primarily licensing firms business recruiting referring workers employment state agricultural labor contractor licensing schemes existence federal act created reading consistent provision history language minimizes risk harm kind described act history supports interpretation ever since federal government administered statutes create federal licensing scheme agricultural labor contractors firms specialize recruiting agricultural workers referring farmers fee farm labor contractor registration act flcra stat migrant seasonal agricultural worker protection act awpa stat statutes require agricultural labor contractors register federal secretary labor obtain registration certificate effect license require contractor employees carry certificate engaging agricultural labor contracting activities awpa flcra statutes list host forbidden activities one prior hiring unauthorized aliens see awpa flcra prior federal labor department believed firm violated substantive provisions institute administrative proceedings within labor department secretary found labor contracting firm violated provisions secretary impose monetary penalties withdraw firm registration awpa flcra important unlike act us earlier agricultural labor contracting statutes similar state laws contrary earlier acts intended supplement state law excuse person compliance appropriate state law regulation awpa see flcra nearly dozen developed state licensing systems agricultural labor contractors firms recruited referred farm sometimes forestry workers fee laws provided state licenses revoked contractors hired unauthorized aliens see cal lab code deering supp cons stat supp pamphlet rev stat covering forestry workers congress enacting act us focused directly upon earlier federal agricultural labor contractor licensing system changed earlier system including series conforming amendments act one amendment removes earlier statutes specific prohibition hiring unauthorized aliens thereby makes agricultural labor contractors subject act similar general prohibition hiring irca repealing awpa another amendment takes secretary labor secretary enforcement powers respect hiring unauthorized aliens thereby leaves agricultural labor contractors subject single unified enforcement system immigration act applies employers see third amendment however leaves secretary labor power withdraw federal registration certificate agricultural labor contractor hired unauthorized aliens irca iii thus act leaves subset employers agricultural labor contractors employers subject federal licensing scheme far conforming amendments make sense omitted important matter prior well federal government license agricultural labor contractors statute say whether congress intended dual system continue answer act omit matter answers coexistence question directly parenthetical phrase considering namely phrase licensing similar laws placed middle act provision phrase refers agricultural labor contractors says respect licensing schemes dual licensing continue strong reasons permitting dual system continue specialized area dual enforcement proved helpful preventing particularly serious employment abuses see cong rec reflecting concerns agricultural workers housed hovels subjected physical abuse kept virtual slavery contractors business consists providing labor forces hiring authorized workers closely related general fitness business see explaining farm labor contractor registration laws needed prevent irresponsible crew leaders exploit ing farmers martin good intentions gone awry irca agriculture annals acad pol soc sci describing farmers relied contractors risked losing labor forces immigration raids dual enforcement create penalty disparity federal systems well state systems provide license revocation experience shown dual enforcement created serious conflict difficulty light specialized nature comparatively small set businesses subject dual enforcement permit licensing set businesses seriously undermine objectives act provision thus surprising legislative history act provision says licensing exception licensing agricultural labor contractors house report act referring licensing exception committee intend preempt licensing business laws state farm labor contractor laws forestry laws specifically require licensee contractor refrain hiring recruiting referring undocumented aliens emphasis added act language requiring interpretation nonetheless consistent limiting scope phrase way context limit application term licensing particular types licensing act subject matter limits term licensing act specific reference recruit refer fee employment unauthorized aliens consistent focuses primarily upon labor contracting businesses thus reading phrase limited scope laws licensing businesses recruit refer workers employment consistent statute language relevant history statutory provisions act reading prevents state law undermining act turning clause head consider better reading statute iv another section arizona statute requires every employer hiring employee verify employment eligibility employee federal government program rev stat ann state provision makes participation federal system mandatory virtually arizona employers federal law governing program however creates program voluntary making mandatory federal law seeks make voluntary state provision stands significant accomplishment execution full purposes objectives congress crosby quoting hines consequently federal statute makes clear participation program voluntary statute relevant section bears title voluntary election participate pilot program iirira note following subsection bears title voluntary election within subsection statute says employers may elect participate emphasis added statute elsewhere requires secretary homeland security widely publicize voluntary nature program see also requiring designation local officials advertise voluntary nature program adds employers may terminate election participate following certain procedures tells secretary homeland security earlier version told attorney general may require person entity participate see also creating exceptions none applicable require federal employers certain others participate another pilot program congress strong reasons insisting voluntary nature program conceived remains pilot program database consists tens millions social security immigration records kept federal government records prone error see office inspector general social security administration congressional response report accuracy social security administration numident file hereinafter social security report estimating million naturalized citizens misclassified social security database used gao employment verification federal agencies taken steps improve significant challenges remain hereinafter gao report noting erroneous nonconfirmations related name inconsistencies remain issue create appearance discrimination disparate impact certain cultural groups making program mandatory hugely expensive see post sotomayor dissenting program still pilot program matter statute practice see iirira letter couch stana discussing aspects yet implemented effects program efforts take account correct potential errors remain uncertain congress decide based results pilot become mandatory program yet made determination making decision face number questions workers receiving tentative negative verdicts understand possibility administrative challenge make effort invoke process say traveling farm urban social security office employers prove willing undergo financial burden supporting worker might lose challenge employers hesitate train workers time bring challenges employers simply hesitate hire workers might receive initial negative verdict likely look sound foreign find ways dismiss workers unanswered questions convinced congress make pilot program commission continuous study evaluation insist participation voluntary federal program changing key terms congress created program arizona mandatory state law simply ignores federal language reasoning reflects thereby posing objectives congress statute evinces crosby supra quoting hines supra majority reaches contrary conclusion pointing congress renewed program several times time expanding coverage point encompasses database become accurate executive branch mandated participation federal contractors statute language tells secretary homeland security maintain program voluntary short believe conclusive answers objections congress kept language statute voluntary nature program throughout program renewals see stat stat stat congress arizona decide participation program cease voluntary studies reports repeatedly found program achieved greater accuracy problems remain see social security report estimating social security records contain million discrepancies require numberholder visit social security administration employment eligibility confirmed gao report estimating made mandatory nationwide newly hired workers year erroneously adjudged ineligible work name mismatches worker first last name incorrectly spelled government databases identification documents congress arizona determine federally designed federally run program ready expansion federal contractors special group employers subject many special requirements enter voluntarily special relation government federal government mandate special group participate program tells us little nothing effects state mandating nearly every employer within state participate arizona done insofar determined whether executive authorized congress mandate federal contractors says nothing congress intent reason imply negatively language telling secretary make program mandatory permission presumption state may modify operation uniquely federal program like cf buckman plaintiffs legal boyle technologies see also post sotomayor dissenting remaining federal statutory language makes clear voluntary nature program arizona plan undermine federal objective reasons hold federal act including provisions arizona state law respect dissent majority contrary holdings chamber commerce america et petitioners michael whiting et al writ certiorari appeals ninth circuit may justice sotomayor dissenting enacting immigration reform control act irca stat congress created comprehensive scheme prohibiting employment illegal aliens hoffman plastic compounds nlrb reads irca saving clause preserves state licensing similar laws permit determine whether someone employed unauthorized alien long conjunction licensing sanctions reading saving clause reconciled rest irca comprehensive scheme constructed federal mechanism determining whether someone knowingly employed unauthorized alien withheld information necessary make determination congress plausibly intended saving clause operate way majority reads viewed context saving clause understood preserve authority impose licensing sanctions final federal determination person violated irca knowingly employing unauthorized alien legal arizona workers act instead creates separate state mechanism arizona state courts determine whether person employed unauthorized alien hold falls outside saving clause also hold federal law provision arizona act making mandatory use federal electronic verification system requiring arizona employers use arizona effectively made decision congress regarding use federal resource contravention significant policy objectives motivating congress decision make participation program voluntary begin plain text irca clause irca expressly imposing civil criminal sanctions licensing similar laws upon employ recruit refer fee employment unauthorized aliens ibid arizona act agree imposes civil sanctions upon employ unauthorized aliens act thus escapes express falls within irca parenthetical saving clause licensing similar laws ibid saving clause hardly paragon textual clarity irca define licensing use word licensing provision laws impose sanctions means licensing exist many forms permit authorities take action respect licenses upon finding licensee engaged prohibited conduct see rev stat ann west liquor licenses may suspended revoked licensing authority determines notice hearing repeated acts violence occurred licensed premises others narrowly permit authorities take action following determination another authorized body licensee violated another provision law see liquor licenses may renewed persons convicted felonies within past five years types laws might defined contexts licensing laws necessarily mean congress intended saving clause encompass types see dolan postal service word statute may may extend outer limits definitional possibilities see also fcc slip onstruing statutory language merely exercise ascertaining outer limits word definitional possibilities internal quotation marks omitted second alteration original isolation text irca saving clause provides hint type types licensing laws congress mind plain text saving clause resolve question necessary look text irca whole illuminate congress intent see dolan interpretation word phrase depends upon reading whole statutory text considering purpose context statute ali federal bureau prisons construction statutory term must extent possible ensure statutory scheme coherent consistent davis michigan dept treasury st tatutory language construed vacuum fundamental canon statutory construction words statute must read context view place overall statutory scheme congress enacted irca number enacted legislation prohibiting employment unauthorized aliens see ante citing laws california example prohibited knowing employment alien entitled lawful residence employment adverse effect lawful resident workers made violations punishable fines cal stats ch see also de canas bica kansas went even making misdemeanor punishable term confinement exceed one month employ person within kansas knowing person illegally within territory stat ann congress enacted irca amidst patchwork state laws irca made combating employment illegal aliens central policy immigration law hoffman quoting ins national center immigrants rights brackets omitted see also pt hereinafter egislation containing employer sanctions humane credible effective way respond influx undocumented aliens majority explains irca makes unlawful person entity hire recruit refer fee employment alien knowing alien unauthorized alien ante irca also requires employers verify reviewed documents establishing employee eligibility employment see ante two provisions foundation irca comprehensive scheme prohibiting employment illegal aliens hoffman congress made explicit intent irca enforced uniformly irca declares sense congress immigration laws enforced vigorously uniformly stat emphasis added congress structured irca provisions number ways accomplish goal uniform enforcement first obviously congress expressly displaced myriad state laws imposed civil criminal sanctions employers hired unauthorized aliens see see also penalties contained legislation intended specifically preempt state local laws providing civil fines criminal sanctions hiring recruitment referral undocumented aliens congress made intent state local laws imposing civil criminal sanctions manifest medtronic lohr quoting rice santa fe elevator second congress centralized federal government enforcement irca prohibition knowing employment unauthorized aliens irca instructs attorney general designate specialized federal agency unit whose primary duty prosecute violations irca irca also instructs attorney general establish procedures receiving complaints investigating complaints substantial probability validity investigating violations see also cfr upon concluding person violated irca attorney general must provide person notice opportunity hearing federal administrative law judge alj person request hearing attorney general may impose final nonappealable order requiring payment sanctions person requests hearing alj required hold hearing upon finding person violated irca must order payment sanctions alj order final agency order unless affected person requests obtains administrative appellate review see also cfr irca grants immigration officers aljs reasonable access examine evidence person entity investigated provides extensive subpoena powers immigration officers investigating suspected violations obviously access relevant federal information concerning work authorization status employee third congress provided persons adversely affected agency order right review federal courts appeals see also directing attorney general cases noncompliance file suit federal district enforce final order imposing sanctions authorizing attorney general pursue injunctive relief criminal sanctions federal district way congress ensured administrative orders finding violations irca reviewed federal judges experience adjudicating matters fourth congress created uniquely federal system employers must verify work authorization status new hires system employer must attest penalty perjury form designated attorney general form examined enumerated identification documents verify new hire unauthorized alien see also cfr ante compliance verification requirement entitles employer affirmative defense charged violating irca see also notably however irca prohibits use form purpose enforcement irca various provisions federal criminal law cfr use form thus limited federal proceedings majority acknowledges see ante finally congress created mechanism access information regarding alien work authorization status purposes enforcing state prohibitions employment unauthorized aliens relevant sections irca make provision sharing work authorization information federal state authorities even though access information critical state ability determine whether employer employed unauthorized alien stark contrast separate provision title irca creates verification system ascertain immigration status aliens applying benefits programs medicaid food stamp program see irca existence verification system one provision irca coupled absence provision governing employment unauthorized aliens suggests strongly congress contemplate role adjudicating questions regarding employment unauthorized aliens cf bates congress includes particular language one section statute omits another section act generally presumed congress acts intentionally purposely disparate inclusion exclusion internal quotation marks brackets omitted attempt show congress intended federal government share arizona points federal statute requiring government respond certain inquiries state agencies section however merely requires government respond inquiries state agencies seeking verify ascertain citizenship immigration status individual within jurisdiction agency require provision information regarding alien work authorization status necessarily synonymous immigration status see cfr identifying categories legal aliens must apply employment authorization arizona identified federal statute regulation requiring federal government provide information regarding alien work authorization status importantly enacted see stat thus says nothing congress intent enacted irca saving clause decade earlier see jones collectively provisions demonstrate congress intent build centralized exclusively federal scheme determining whether person employ ed recruit ed refer red fee employment unauthorized aliens irca saving clause must construed backdrop focusing primarily text saving clause arizona majority read clause permit determine whether person employed unauthorized alien long connection licensing sanctions see ante interpretation overlooks broader statutory context renders statutory scheme coherent consistent ali majority reading saving clause state prosecutors decide whether commence proceedings person suspected employing unauthorized alien majority holding also permits state courts tribunals adjudicate question whether employer employed unauthorized alien arizona act illustrates problems reading saving clause permit state action act directs prosecutors verify employee work authorization federal government pursuant rev stat ann west supp state shall consider federal government determination pursuant determining whether employee unauthorized alien putting aside question whether actually provides access work authorization information exist irca enacted see supra arizona identified avenue accessed work authorization information first decade irca existence absence avenue time irca enactment speaks volumes congress understood saving clause operate access information regarding work authorization status aliens state courts accurately adjudicated question whether employer employed unauthorized alien arizona act reliance highlights anomalies inherent state schemes purport adjudicate whether employee authorized alien even arizona prosecutors obtain information regarding alien immigration status pursuant prosecutors state determine significance information alien work authorization status often require deciding technical questions immigration law see cfr dividing different classes aliens authorized employment incident immigration status authorized employment specific employer incident immigration status must apply work authorization discussed information may shed light alien work authorization status oftentimes distinct immigration status see supra result many cases state decisions made prosecutors courts little experience federal immigration law rest inaccurate information creat ing enforcement risks present federal system ante breyer dissenting discern reason congress intended state courts inexperienced immigration matters adjudicate context licensing sanctions question irca commits federal officers aljs courts appeals equally problematic fact employers charged state enforcement scheme hiring unauthorized aliens foreclosed using forms defense state proceedings like irca arizona act confers affirmative defense employers comply good faith irca verification requirement see rev stat ann discussed however irca prohibits employer using form establish affirmative defense arizona law see cfr worry majority says employer establish affirmative defense office policies testimony employees ante congress made verification system accompanying defense central irca see effective verification procedure combined affirmative defense good faith follow procedure essential given importance procedure congress fact intended state courts adjudicate whether person employed unauthorized alien connection licensing sanctions prohibited person using form employer effective evidence ante breyer dissenting proceeding question answers congress intended thing furthermore given congress express goal unifor enforcement immigration laws irca stat believe congress intended countless localities implement distinct enforcement adjudication procedures deciding whether employers employed unauthorized aliens reading clause majority subjects employers patchwork enforcement schemes similar one congress sought displace enacted irca carefully constructed uniform federal scheme determining whether person employed unauthorized alien congress plausibly meant create gaping hole scheme undefined parenthetical phrase licensing similar laws see whitman american trucking congress one might say hide elephants mouseholes sum statutory scheme whole defeats arizona majority reading saving clause congress sensibly permitted determine whether person employed unauthorized alien time creating specialized federal procedure making determination withholding information necessary make determination precluding use forms nonfederal proceedings see locke decline give broad effect saving clauses upset careful regulatory scheme established federal law render irca saving clause consistent statutory scheme read saving clause permit impose licensing sanctions following final federal determination person violated knowingly hiring recruiting referring fee unauthorized interpretation faithful saving clause text see supra best reconciles saving clause irca careful regulatory scheme locke also makes sense practical matter enacting irca clause congress vested federal government authority impose civil criminal sanctions persons employ unauthorized aliens licensing types permissions typically matter state law however see kamen kemper financial services noting orporation law area traditionally governed standards chicago title trust wilcox bldg long upon terms corporation may continue exist matter exclusively state power result congress wanted ensur full range sanctions available used businesses employ unauthorized aliens brief respondent congress authorize localities impose licensing sanctions following federal adjudication violation irca mean suggest mere existence comprehensive federal scheme necessarily reveals congressional intent oust state remedies cf english general elec mere existence federal regulatory enforcement scheme imply state remedies new york state dept social servs dublino rejecting argument inferred merely comprehensive character federal program congress made clear intent oust state civil criminal remedies sole question scope saving clause exception licensing similar laws comprehensive scheme established congress necessarily informs scope clause reasons stated interpretation clause consistent rest statute preserves authority impose licensing sanctions final federal determination person violated irca prohibition knowing employment unauthorized aliens construction saving clause arizona act escape act authorizes arizona county attorneys commence actions charging employer employed unauthorized alien rev stat ann arizona state courts must find employer employed unauthorized alien imposing sanctions enumerated act act sanctions premised final federal determination employer violated irca hold act fall within irca saving clause therefore ii agree conclusion reached justice breyer part iv dissenting opinion federal law impliedly provision arizona act requiring arizona employers use federal program see rev stat ann also agree much reasoning write separately offer additional observations recently recognized state law makes mandatory something federal law makes voluntary mean state law stands obstacle accomplishment execution full purposes objectives congress crosby national foreign trade council internal quotation marks omitted see williamson mazda motor america slip concluding federal regulation permitting manufacturers choose two seatbelt options state tort liability based decision install one options see also slip sotomayor concurring mere fact agency regulation allows manufacturers choice options insufficient justify implied case however readily distinguishable cases like williamson state law regulates relationships private parties arizona act directly regulates relationship federal government private parties mandating use federally created administered resource case thus implicates uniquely federal interes managing use federal resource boyle technologies internal quotation marks omitted see also buckman plaintiffs legal relationship federal agency entity regulates inherently federal character relationship originates governed terminates according federal law significant policy objectives motivated congress decision make use voluntary addition discussed justice breyer see ante dissenting opinion note congress considered cost mandatory program congress elected expand declined require use cited congressionally mandated report concluding annual cost pilot program million annual cost nationwide voluntary program million annual cost nationwide mandatory program billion pt see also institute survey research temple westat ins basic pilot evaluation summary report concluding social security administration ssa immigration naturalization service capable enrolling administering program hundreds thousands employers large mandatory programs explored recent prepared department homeland security similarly noted costs associated mandatory use see westat findings program evaluation observing ssa estimated hire additional field staff handle mandatory national program expansion take place gradually allow federal government adequate time hire train new staff required run program permitting make use mandatory improperly puts position making decisions federal government directly affect expenditure depletion federal majority highlights government statement amicus brief system accommodate increased use arizona statute existing similar laws create ante quoting brief amicus curiae purpose congress ultimate touchstone every case medtronic internal quotation marks omitted matters whether executive branch believes government capable handling burdens mandatory congressional intent controls congress repeatedly decided keep program voluntary state laws requiring use frustrate significant policy objectives underlying decision thereby imposing explicitly unwanted burdens federal government hold federal law impliedly arizona requirement reasons agree either holdings case respectfully dissent footnotes thomas joins parts opinion concurs judgment see stat enacted del code tit cum supp enacted stat enacted stat ann enacted la acts acts mass acts mont code ann cum supp rev stat ann cum supp enacted laws acts ch see rev stat ann miss code ann supp mo rev stat cum supp stat tit purdon supp code ann supp code ann code ann lexis code ann lexis supp several passed statutes mandating use see miss code ann supp code ann supp utah code ann lexis supp code ann lexis supp suits brought arizona law complaint case filed date arizona submitted merits brief three enforcement actions pursued arizona employers see arizona waterworld partnership maricopa cty super filed resolved consent judgment arizona danny subway maricopa cty super filed mar resolved consent decree arizona scottsdale art factory llc maricopa cty super filed pending justice breyer recognizes arizona definition word license comports dictionaries treatment term argues license must read restricted way include things marriage licenses dog licens es post dissenting opinion luckily need address fanciful hypotheticals arizona limits definition license state issued purposes operating business state rev stat ann west supp justice breyer primary concern appears state permissions articles incorporation partnership certificates treated licensing similar laws myriad licenses required operate business concern largely academic see west corporations receive gross proceeds sales gross income upon privilege tax imposed shall make application department privilege license corporation shall engage continue business corporation obtained privilege suspending revoking employer articles incorporation often entirely redundant see west west supp describing transaction privilege tax licenses required justice breyer poses several rhetorical questions challenging reading irca goes propose two seemingly alternative views phrase licensing similar laws meant refer licensing systems post dissenting opinion emphasis deleted even narrowly licensing firms business recruiting referring workers employment state agricultural labor contractor licensing schemes post asking questions telling one may congress intended limited exceptions prohibition state sanctions simply say instead excepting licensing similar laws generally justice sotomayor takes different tack invoking arguments resemble found implied preemption cases concludes arizona law falls outside savings clause expressly preempted allows state courts determine whether person employed unauthorized alien post dissenting opinion justice breyer add language statute narrowly limiting phrase licensing similar laws specific types licenses justice sotomayor creates entirely new statutory requirement allow impose sanctions licensing similar laws federal adjudication requirement found nowhere text justice sotomayor even attempt link specific textual provision surprising two dissents sharply different views read statute sort thing happen statutory analysis untethered text specifying state may consider federal determination arizona law goes provide federal determination rebuttable presumption employee lawful status rev stat ann west supp arizona explains provision permit state establish unlawful status apart federal determination provision hardly given foregoing instead operates ensur employer opportunity rebut evidence presented establish worker unlawful status brief respondents emphasis added sense federal determination rebuttable presumption see tr oral arg giving employer chance show break state law certainly place arizona regime conflict federal law state law also prohibits intentionally employing unauthorized alien severe violation law chamber suggest prohibition problematic prohibition knowingly employing unauthorized alien chamber contends arizona law conflicts federal law irca prohibits use form information contained appended used purposes enforcement irca specified federal laws argument mistakenly assumes employer need use form supporting documents receive benefit affirmative defense arizona fact employer establish good faith compliance process testimony employees descriptions office policy brief respondents see tr oral arg arizona since amended statute include consequences loss economic development incentives see sess laws ch provisions part statute suit brought us address interaction federal law see basic pilot extension act stat basic pilot program extension expansion act stat consolidated security disaster assistance continuing appropriations act div stat department homeland security appropriations act stat justice breyer shares chamber concern accuracy see post statistics fiscal year however indicate cases submitted automatically confirmed work authorized confirmed work authorized contesting resolving initial avenue available workers found work authorized statistics reports available http visited may available clerk case file justice breyer notes initial mismatches frequently due spelled names government databases identification documents post hazard course unique moreover justice breyer statistical analysis underlying conclusion queries least initially wrongly suggest individual lawfully employable time needs understood post initially indicated two individuals found work authorized later revealed one determinations incorrect justice breyer able exclaim error rate footnotes irca defines term unauthorized alien mean respect employment alien particular time alien time either alien lawfully admitted permanent residence authorized employed chapter attorney general cases demonstrate contextual analysis statutory provision way untethered statute text ante contrary majority reading saving clause singular focus undefined word licensing exclusion contextual considerations untethered statute whole none state laws cited majority provided sanctions parties identified state laws related licensing purported regulate employment unauthorized aliens governing agricultural labor contractors see ante breyer dissenting regulation attorney general conferred parties charged violating irca right obtain discovery federal government hearing alj see cfr example spouses minor children persons working exchange visitors must apply employment authorization even though lawful immigration status dependents exchange visitor see cfr capacity employer state may able access regarding work authorization status employees use however federal government determination creates rebuttable presumption employee lawful status reading saving clause finds support irca legislative history house committee judiciary reported irca intended preempt prevent lawful state local processes concerning suspension revocation refusal reissue license person found violated sanctions legislation emphasis added committee reference legislation course reference irca federal officers aljs courts authority irca find person violated statute sanctions provisions reading also consistent though compelled provisions irca amended migrant seasonal agricultural worker protection act awpa stat justice breyer discusses detail see ante dissenting opinion awpa requires entities secure certificate registration department labor engaging farm labor contracting activity awpa stat awpa prohibited farm labor contractors hiring unauthorized aliens permitted department labor institute administrative proceedings enforce prohibition see stat irca congress repealed irca authorized secretary labor withdraw contractor federal registration certificate upon finding irca violation irca iii stat thus irca made awpa licensing sanctions turn prior federal adjudication violation irca believe arizona act fall within irca saving clause reason reason consider separate question whether act definition license sweeps broadly compare ante ante breyer dissenting williamson mazda motor america slip held federal government judgment regarding cost effectiveness seatbelt options reveal intent forbid tort suits judge jury might reach different conclusion obvious distinction case one congress decision keep use voluntary bears directly costs federal government notably government brief state system accommodate increased use result enacted similar laws limits statement arizona statute existing similar laws brief amicus curiae emphasis added