http://www.azstarnet.com/sn/hourlyupdate/220650.php

Judge raises last-minute questions over sanctions law
Capitol Media Services
Tucson, Arizona | Published: 01.15.2008
advertisementBy Howard Fischer
PHOENIX — A federal judge raised last-minute questions Tuesday about Arizona's new employer sanctions law, questions that could provide the grounds for him to declare it unconstitutional.
Judge Neil Wake on Tuesday told attorneys to explain to him at Wednesday's hearing what appeal rights — if any — companies have to contest a report from a federal government database that a worker is not in the country legally.
The question is crucial to the future of the state statute. That's because the U.S. Constitution requires all laws to protect the "due process'' rights of those accused of breaking them to prove they are innocent.
Even if Wake upholds the validity of the law, he might limit its scope. He also is asking the lawyers for both sides of the argument whether a company can be penalized for having an undocumented worker already on its payroll before the state statute making that illegal took effect Jan. 1.
Lou Moffa Jr., one of the lead attorneys for businesses challenging the statute, said Wake's questions suggest the judge now realizes there are flaws in the law.
That statute permits a state judge to suspend or revoke all licenses of any firm found guilty of knowingly or intentionally hiring those not authorized to work in this country.
Another provision of the law requires companies to verify a new worker's legal status through the federal government's E-Verify program. And it stipulates that any firm which uses that program has a "rebuttable presumption'' it did not break the law.
Moffa said one problem is that state judges, reviewing complaints against employers, cannot legally determine themselves if a worker is in this country legally.
Instead, judges can rely only on information from a separate federal database of authorized workers. If that database says the worker is not legal, a judge has no choice but to find the company guilty.
Moffa said Wake's question goes directly to the contention of employers that there is no way for a company to appeal the findings of either database, even if they have actual evidence the worker is, in fact, a U.S. citizen or in this country legally.
Read more of this story online tomorrow and in the Arizona Daily Star



What do we have to do.................