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  1. #1
    Senior Member LawEnforcer's Avatar
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    Appellate judges expressing support of Arizona's law

    http://www.azstarnet.com/sn/hourlyupdate/243502.php


    Appellate judges expressing support of Arizona's employer sanctions law
    By Howard Fischer

    Capitol Media Services
    Tucson, Arizona | Published: 06.12.2008


    SAN FRANCISCO -- Federal appellate judges expressed some skepticism Thursday with contention of foes of Arizona's new employer sanctions law that the state cannot do what it is doing.

    Jonathan Weissglass, arguing on behalf of business and civil rights groups, argued that the federal government has pretty much exclusive power over not just immigration but also the penalties that can be imposed on companies that knowingly hire undocumented workers.

    Judge John Walker said, though, the current system is does not work. In fact, he said, the process that companies now use to verify whether workers are in the country legally "has been shown to be ripe with fraud.''
    "The documents (workers present to companies) are fraudulent,'' Walker continued.

    "So now Arizona wishes to have a better system, a more effective system for this state,'' Walker said "I still don't see how that can be a problem.''
    "It's Congress' decision about how to reform laws governing the employment of immigrants,'' Weissglass responded.

    "Where does it say that, that the states are prohibited from enforcing employer sanctions?'' Walker shot back.

    Weissglass warned that allowing each state to enact -- and enforce -- its own employer sanctions law would have wide-ranging ripple effects, "Balkanizing our immigration laws and dramatically increasing the burden on employers.''

    "This case will set the law that will decide whether every state and locality can do this,'' he said. And that, Weissglass said, creates special problems for national firms which will have to deal what could be different laws in each state.

    The law, which took effect Jan. 1, requires all companies doing business in Arizona to check the legal status of new workers through the federal government's E-Verify system.

    Of greater concern to employers is that the law allows a state judge to suspend or revoke any and all state licenses and permits of firms found guilty of knowingly hiring undocumented workers. A second violation within three years puts the company out of business in Arizona.
    U.S. District Court Judge Neil Wake rejected challenges to the law, leading to Thursday's appeal.

    Weissglass said one problem with the law is it lets a state judge decide whether the worker is here legally. He argued that power resides only with federal hearing officers and judges, a procedure he said has "procedural safeguards.''

    But Judge Mary Schroeder, who is an Arizonan, said the state is not trying to set some definition of "undocumented worker'' which is different than federal law.

    Weissglass, however, said the sanctions under federal law generally are in the form of fines. Arizona's statute, he said, "provides for the business death penalty.''




    It might be too early to celebrate, but what the hell!!! Drink up.

  2. #2
    Senior Member Populist's Avatar
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    Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)

  3. #3
    Senior Member koobster's Avatar
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    www.chron.com/disp/story.mpl/buisness/s ... 32353.html

    www.elpasotimes.com/ci_9535948

    www.energizeamericanow.com

    www.azfamily.com

    www.wexlerforcongress.com

    www.frankforpresident.org


    Yeah i wish they would start to uphold the laws, instead of giving illegals access to working. If we went to another COUNTRY we would NOT BE ABLE to work, if we went to another country illegally we would not be able to DEMAND everything, like the mexicans do when they come here.

    KOOBSTER
    Proud to be an AMERICAN

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