Hoffman Plastic Compounds, Inc. v. National Labor Relations Board

*153Justice Breyer, with whom Justice Stevens, Justice Souter, and Justice Ginsburg join,

dissenting.

I cannot agree that the backpay award before us “runs counter to,” or “trenches upon,” national immigration policy. Ante, at 147,149 (citing the Immigration Reform and Control Act of 1986 (IRCA)). As all the relevant agencies (including the Department of Justice) have told us, the National Labor Relations Board’s limited backpay order will not interfere with the implementation of immigration policy. Rather, it reasonably helps to deter unlawful activity that both labor laws and immigration laws…