De Canas v. Bica

LOCATION: Georgia State Capitol

DOCKET NO.: 74-882
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: State appellate court

CITATION: 424 US 351 (1976)
ARGUED: Dec 16, 1975
DECIDED: Feb 25, 1976

Robert S. Catz - for petitioners; Howard S
William S. Marrs - for respondents; Robert L

Facts of the case


Media for De Canas v. Bica

Audio Transcription for Oral Argument - December 16, 1975 in De Canas v. Bica

Audio Transcription for Opinion Announcement - February 25, 1976 in De Canas v. Bica

Warren E. Burger:

The judgments and opinion of the Court in 74-882, De Canas against Bica and 74-1148 Great Atlantic & Pacific Tea company against Cottrell will each be announced by Mr. Justice Brennan.

William J. Brennan, Jr.:

In the first of these two cases I might say preliminary that Mr. Justice Stevens took no part in the consideration or decision of either of these cases.

In the first De Canas v. Bica, which is here from an Intermediate Appellate Court of Appeal in California, section 2805 (a) of the California Labor Code prohibits a California employer from knowingly employing an alien who was not entitled the lawful residence in the United States if the aliens employment would have an adverse effect on lawful California resident workers.

Our opinion on file with the clerk reverses the holding of the California courts that that statute is unconstitutional, either as an impermissible regulation of immigration, a subject exclusively reserved to the Congress for regulation, or as being preempted under the Supremacy Clause by the Immigration and Nationality Act.