On December 8, 2010, the U.S. Supreme Court heard oral arguments in Chamber of Commerce v. Whiting, Docket No. 09-115. In this litigation, the U.S. Chamber of Commerce and several other business groups argue that the Legal Arizona Workers Act is "pre-empted" by federal law, which makes the use of E-Verify voluntary, except in limited instances.

As the national debate on immigration has intensified, states have enacted a record number of laws, ordinances, and resolutions that address immigration issues. In 2010, 46 state legislatures and the District of Columbia enacted over 200 immigration-related laws and adopted 138 immigration-related resolutions. An additional 10 bills were passed by state legislatures but vetoed by the governors. The Supreme Court's decision in Whiting is expected this spring and, hopefully, will better define the role of the states in regulating immigration.