American Friends Service Committee v. Thornburgh

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

Upon consideration of the moving, opposition, reply and amici curiae briefs, and oral argument of counsel IT IS HEREBY ORDERED as follows:

1. Defendants’ motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure is GRANTED.

2. Plaintiff American Friends Service Committee (“AFSC”) is a Quaker organization with principal offices in Philadelphia, Pennsylvania. The AFSC’s current activities include charitable and relief work in the United States and other countries. The individual plaintiffs are associated with the AFSC in various employer and employee positions. Defendants are the United States Attorney General, the Immigration and Naturalization Service, and the United States.

Plaintiffs challenge the employer sanctions provisions of the Immigration Reform and Control Act of 1986, (“IRCA”), 8 U.S.C. § 1324a. Title 8 U.S.C. § 1324a provides that it is unlawful to employ an individual knowing that the individual is an alien not authorized to work in the United States, or to employ an individual without verifying through appropriate documentation that such authorization exists.

Plaintiffs allege that they have…