De Canas v. Bica
E26372
De Canas v. Bica is a 1976 U.S. Supreme Court case that upheld a California law regulating the employment of unauthorized immigrants, holding that not all state regulations touching on immigration are preempted by federal law.
Aliases (1)
Statements (39)
| Predicate | Object |
|---|---|
| instanceOf |
United States Supreme Court case
→
court decision → |
| areaOfLaw |
constitutional law
→
immigration law → labor and employment law → |
| authorOfMajorityOpinion |
William J. Brennan Jr.
→
|
| citation |
424 U.S. 351
→
47 L. Ed. 2d 43 → 96 S. Ct. 933 → |
| constitutionalProvisionInvolved |
Article VI of the United States Constitution
→
Supremacy Clause → |
| court |
Supreme Court of the United States
→
|
| decisionDate |
1976-06-17
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|
| fullName |
De Canas et al. v. Bica et al.
→
|
| holding |
California Labor Code § 2805 was not, on its face, preempted by federal immigration law at the time
→
Not every state enactment which in any way deals with aliens is a regulation of immigration and thus per se preempted by federal power to regulate immigration → States possess broad authority under their police powers to regulate the employment relationship to protect workers within the state → |
| impact |
provided framework for evaluating state laws affecting unauthorized workers prior to IRCA
→
|
| jurisdiction |
United States
→
|
| legalIssue |
federal preemption
→
state regulation of employment of unauthorized immigrants → |
| legalPrinciple |
A state law is a regulation of immigration only if it determines who should or should not be admitted into the country and the conditions under which a legal entrant may remain
→
States may regulate employment relationships involving unauthorized workers so long as they do not intrude into the field of immigration regulation reserved to the federal government → |
| opinionBy |
William J. Brennan Jr.
→
|
| parties |
Bica
→
De Canas → |
| precedentFor |
analysis of when state laws affecting immigrants are preempted
→
|
| relatedCase |
Arizona v. United States
→
Chamber of Commerce v. Whiting → |
| result |
California statute was upheld against facial preemption challenge
→
|
| stateInvolved |
California
→
|
| stateLawAtIssue |
California Labor Code § 2805
→
|
| subjectMatter |
employment of nonresident aliens not lawfully admitted for permanent residence
→
|
| subsequentDevelopment |
later federal legislation, including the Immigration Reform and Control Act of 1986, altered the federal-state balance in regulating employment of unauthorized immigrants
→
|
| term |
1975 Term
→
|
| topic |
employment of unauthorized immigrants
→
preemption of state law by federal immigration law → |
| vote |
unanimous decision
→
|
| yearDecided |
1976
→
|
Referenced by (3)
| Subject (surface form when different) | Predicate |
|---|---|
|
Hines v. Davidowitz
→
|
appliedIn |
|
De Canas v. Bica
("De Canas et al. v. Bica et al.")
→
|
fullName |
|
Arizona v. United States
→
|
relatedCase |