February 25, 1976court rulingimmigrationcivil rightsfederalismimmigrationconstitutional lawfederal preemption
Supreme Court rules in De Canas v. Bica that states can regulate some immigration without preempting federal law
The Supreme Court issued its unanimous ruling in De Canas v. Bica, upholding a California law that barred employers from knowingly hiring undocumented workers if doing so harmed lawful residents. Justice William Brennan wrote that a state statute touching aliens does not automatically become a regulation of immigration subject to federal preemption. The Court established a three-part test: preemption applies only if a state law (1) directly regulates immigration, (2) conflicts with clear congressional intent, or (3) stands as an obstacle to federal objectives. The ruling gave states limited but real authority to enact laws affecting immigrants that did not conflict with the federal Immigration and Nationality Act.