AZ victory-judge rules in favor of employer sanctions law
State may send notices to businesses about new employer sanctions law, judge rules
By Howard Fischer
Capitol Media Services
Tucson, Arizona | Published: 09.14.2007
http://www.azstarnet.com/business/201325
A federal judge today refused to stop state officials from sending out notices in two weeks warning more than 130,000 Arizona businesses of the new employer sanctions law set to take effect Jan. 1.
U.S. District Court Judge Neil Wake said there is not enough time to consider the merits of the request by Kristina Campbell, attorney for the Mexican American Legal Defense Fund.
She is arguing that the Oct. 1 warning notices will result in "significant expense" for companies who fear not being ready to obey the new law. She said that money will be wasted said if she and other attorneys are successful in eventually having the law declared unconstitutional.
Wake said an injunction of this sort requires legal briefing on some complex issues about the law which cannot possibly occur by that date.
But Wake also said he doubts he would grant the request even if Kristina Campbell recrafted it. The judge said he can't see any real harm about telling businesses something they probably already know from reading the newspapers.
The law requires companies to link to a federal database to determine if new employees are legally entitled to work in this country. Firms which are found guilty of knowingly hiring an undocumented worker can have their state license to do business suspended for up to 10 days. A second violation within three years revokes any licenses, effectively shutting the company down.
Two separate lawsuits contend the law illegally infringes on the sole right of the federal government to control immigration issues. Other claims revolve around whether the rights of companies — and the workers who might be dismissed — are properly protected.
Wake said he will rule on all their claims before the end of the year, before the law is set to kick in. But Campbell said that is not good enough.
She said companies who get the notices will end up having to buying computers to check on new employees, as well as get workers trained to use the federal database.
"If this law gets struck down, you're out all this money,'' Campbell said, money the state will not reimburse to the companies.
Wake said he believes most — if not all — employers are aware of the law because of all the publicity that surrounded its debate, passage and eventual signature by Gov. Janet Napolitano. The judge questioned whether getting a formal notice from the state to that effect will affect any firm's actions.
Campbell said if there is to be a notice sent out Oct. 1 it also should inform business owners of the pending legal challenge and the possibility the law might never take effect.
