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Okla. immigration ruling could affect Arizona law
Posted on Saturday, February 06 @ 00:54:09 EST
Topic: State Laws Immigration illegal legal
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 Groups trying to overturn an Arizona law that prohibits employers from knowingly hiring illegal immigrants hope their chances of getting the U.S. Supreme Court to hear their appeal were improved this week by a lower court's decision on a similar law in Oklahoma.
The 10th U.S. Circuit Court of Appeals on Tuesday upheld much of an injunction against Oklahoma's anti-illegal immigrant law, ruling that business groups had legal standing to challenge it.
Subjects = Illegal immigration, state immigration laws, knowingly hire illegal workers, 10th U.S. Circuit Court of Appeals
February 5, 2010
Jonathan J. Cooper
azcentral.com
That ruling could be at odds with a 9th Circuit appeals court ruling that upheld an anti-illegal immigration law in Arizona. Lawyers trying to overturn the Arizona law hope the differing rulings will make the Supreme Court more likely to step in and create a uniform interpretation.
"It's a very encouraging development because it will certainly weigh in favor of the Supreme Court taking jurisdiction in the Arizona appeal," said David Selden, a lawyer representing business groups opposed to the law.
The high court has already expressed an interest in their appeal. Justices in November asked the U.S. solicitor general to submit a brief outlining the Obama administration's position, an indication the Court is looking hard at taking the appeal.
Business groups in Arizona are challenging a 2007 state law designed to help reduce the economic incentive for immigrants to sneak into Arizona. Businesses found to have knowingly hired illegal immigrants can have their business licenses suspended or revoked. The law does not carry criminal penalties.
A federal district court and the 9th Circuit appeals court have upheld the law. Oklahoma's law is different. Rather than revoking operating licenses, it seeks to impose financial penalties on businesses that hire illegal immigrants.
Despite the differences, Selden said the underlying legal question is the same: Do states have the right to enact laws sanctioning businesses for hiring illegal immigrants?
On that issue, the appeals courts disagree, he said. Business groups argue that only the federal government can legally determine whether a business has hired an illegal immigrant. Arizona argues its law complies with federal law.
A spokeswoman for the Arizona Attorney General's Office did not immediately return a phone call seeking comment.
Judges reviewing Oklahoma's law upheld a requirement that public employers and contractors verify the work eligibility of new employees through a federal database. That ruling agrees with the 9th Circuit ruling on Arizona's law
, which requires all employers to use the database.
Lawyers are awaiting a ruling from the 3rd Circuit appeals court, where judges heard an appeal of an employer sanctions law in Hazleton, Pa.
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