What are examples of state statues that would be field-preempted?
• A state employment statute was not field-preempted by federal law where Congress had not yet acted to occupy the field.[22] In DeCanas, the Supreme Court held that absent congressional action, a California state law that prohibited employers from knowingly hiring a worker who was not a lawful resident of the U.S. if that employment “would have an adverse effect on lawful resident workers” was not unconstitutional because Congress had not (at that time) legislated in the field of the employment of unauthorized workers.[23] Congress later did occupy the field of employment of unauthorized workers when it enacted the Immigration Reform and Control Act (IRCA) of 1986.[24] • Under current federal immigration law, where an initiative attempts to regulate the employment and hiring of unauthorized workers, one would first look at the plain wording of the INA to determine if Congress intended to oust the state from regulating the employment of unauthorized workers.[25] The employment and hiri
