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Arizona Businesses, Latino Groups Vow to Keep Fighting Illegal Immigrant
Hiring Law
Sunday, December 09, 2007
PHOENIX - The dismissal of a legal challenge to a new Arizona immigration
law doesn't signal the end of the attempts by business and immigrant right
groups to overturn provisions punishing employers who knowingly hiring
illegal immigrants.
Lawyers for the business groups said Saturday they will continue to try to
persuade a federal judge to block enforcement of the law before it takes
effect on Jan. 1.
A ruling Friday night by U.S. District Judge Neil Wake said the groups
challenging the law sued the wrong government officials.
"He didn't uphold the law. He didn't decide if it was constitutional. We can
have that argument another day," said Julie Pace, an attorney for the
business groups.
The lawsuit was filed against the governor and state attorney general, who
are given only investigatory authority under the law and wasn't aimed at
county prosecutors, who actually have the power to enforce the restrictions,
Wake's ruling said.
Both the attorney general and county prosecutors will be required to
investigate complaints of illegal hirings, but once the attorney general
determines that complaints aren't frivolous, he turns them over to county
prosecutors.
Pace said her clients plan to file a separate lawsuit against county
prosecutors either Sunday or Monday. The business groups also are
considering an appeal of Wake's ruling.
The Republican-majority Legislature and Democratic Gov. Janet Napolitano
approved the law this summer amid frustration over what backers of the
restrictions said were weak federal efforts to confront illegal immigration.
The law was intended to lessen the economic incentive for immigrants to
sneak across the border and curb Arizona's role as the busiest illegal
gateway into the country. An estimated one in 10 workers in Arizona's
economy are illegal immigrants.
State Rep. Russell Pearce of Mesa, the author of the law, said he believes
the judge would have upheld the constitutionality of the restrictions had
the lawsuit been allowed to continue. "The law is legal and will survive
challenges," Pearce said.
Under the law, businesses that knowingly hire illegal immigrants could face
a business license suspension lasting up to 10 days. Second-time violators
would have their business licenses permanently revoked.
The law also requires businesses to use an otherwise voluntary federal
database to verify the employment eligibility of new workers.
Wake said the groups showed they would suffer economic harm in complying
with the database requirement, noting it would take staff time and thus
money to learn the database and use the system.
On another point, the judge concluded the business groups had no legal
footing to make the challenge because they hadn't shown that they faced
imminent crackdowns.
Promises by Maricopa County Attorney Andrew Thomas - the chief prosecutor in
the state's most populous county - to enforce the law applied to all people
in his county and didn't single out the groups challenging the law, Wake
ruled.
Pace said the business groups believe county prosecutors already have
illegal hiring complaints on file.
Thomas, a supporter of the employer sanctions law who has made combating
illegal immigration a key part of his tenure, declined comment through his
spokesman.
Hector Yturralde, president of the immigrant rights group Somos America, one
of the challengers of the law, said immigrant groups would consider filing
another lawsuit in the coming year if evidence surfaces that citizens who
allege illegal hirings base their complaints on a person's skin color.
"It is going to be racial profiling of Hispanic-Latino workers," Yturralde
said.
The ruling focused mostly on whether the business and immigrant rights
groups had the legal footing to make the challenge. The judge, however,
didn't rule on the core arguments made by business groups.
The business and immigrant groups argued the law was an unconstitutional
attempt by the state to regulate immigration and that cracking down on such
hirings is the sole responsibility of the federal government.
Attorneys for the state contend the groups weren't reading the law correctly
and that it doesn't conflict with federal law.
Critics of the law said it burden employers and poison Arizona's business
climate.
Supporters said state punishments were needed because the federal government
hasn't adequately enforced a federal law that already prohibits employers
from knowingly hiring illegal immigrants.
Arizona Businesses, Latino Groups Vow to Keep Fighting Illegal Immigrant
Hiring Law
Sunday, December 09, 2007
PHOENIX - The dismissal of a legal challenge to a new Arizona immigration
law doesn't signal the end of the attempts by business and immigrant right
groups to overturn provisions punishing employers who knowingly hiring
illegal immigrants.
Lawyers for the business groups said Saturday they will continue to try to
persuade a federal judge to block enforcement of the law before it takes
effect on Jan. 1.
A ruling Friday night by U.S. District Judge Neil Wake said the groups
challenging the law sued the wrong government officials.
"He didn't uphold the law. He didn't decide if it was constitutional. We can
have that argument another day," said Julie Pace, an attorney for the
business groups.
The lawsuit was filed against the governor and state attorney general, who
are given only investigatory authority under the law and wasn't aimed at
county prosecutors, who actually have the power to enforce the restrictions,
Wake's ruling said.
Both the attorney general and county prosecutors will be required to
investigate complaints of illegal hirings, but once the attorney general
determines that complaints aren't frivolous, he turns them over to county
prosecutors.
Pace said her clients plan to file a separate lawsuit against county
prosecutors either Sunday or Monday. The business groups also are
considering an appeal of Wake's ruling.
The Republican-majority Legislature and Democratic Gov. Janet Napolitano
approved the law this summer amid frustration over what backers of the
restrictions said were weak federal efforts to confront illegal immigration.
The law was intended to lessen the economic incentive for immigrants to
sneak across the border and curb Arizona's role as the busiest illegal
gateway into the country. An estimated one in 10 workers in Arizona's
economy are illegal immigrants.
State Rep. Russell Pearce of Mesa, the author of the law, said he believes
the judge would have upheld the constitutionality of the restrictions had
the lawsuit been allowed to continue. "The law is legal and will survive
challenges," Pearce said.
Under the law, businesses that knowingly hire illegal immigrants could face
a business license suspension lasting up to 10 days. Second-time violators
would have their business licenses permanently revoked.
The law also requires businesses to use an otherwise voluntary federal
database to verify the employment eligibility of new workers.
Wake said the groups showed they would suffer economic harm in complying
with the database requirement, noting it would take staff time and thus
money to learn the database and use the system.
On another point, the judge concluded the business groups had no legal
footing to make the challenge because they hadn't shown that they faced
imminent crackdowns.
Promises by Maricopa County Attorney Andrew Thomas - the chief prosecutor in
the state's most populous county - to enforce the law applied to all people
in his county and didn't single out the groups challenging the law, Wake
ruled.
Pace said the business groups believe county prosecutors already have
illegal hiring complaints on file.
Thomas, a supporter of the employer sanctions law who has made combating
illegal immigration a key part of his tenure, declined comment through his
spokesman.
Hector Yturralde, president of the immigrant rights group Somos America, one
of the challengers of the law, said immigrant groups would consider filing
another lawsuit in the coming year if evidence surfaces that citizens who
allege illegal hirings base their complaints on a person's skin color.
"It is going to be racial profiling of Hispanic-Latino workers," Yturralde
said.
The ruling focused mostly on whether the business and immigrant rights
groups had the legal footing to make the challenge. The judge, however,
didn't rule on the core arguments made by business groups.
The business and immigrant groups argued the law was an unconstitutional
attempt by the state to regulate immigration and that cracking down on such
hirings is the sole responsibility of the federal government.
Attorneys for the state contend the groups weren't reading the law correctly
and that it doesn't conflict with federal law.
Critics of the law said it burden employers and poison Arizona's business
climate.
Supporters said state punishments were needed because the federal government
hasn't adequately enforced a federal law that already prohibits employers
from knowingly hiring illegal immigrants.
