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09-10-2007, 10:07 PM #1
MONEY: New legal challenge posed by foes of sanctions law
MONEY: New legal challenge posed by foes of sanctions law
By Howard Fischer
Capitol Media Services
Published on Monday, September 10, 2007
PHOENIX — Foes of the state’s new employer sanctions law have come up with a new legal theory for why they believe the measure is illegal.
In a filing in U.S. District Court, opponents are now arguing the legislation, set to take effect in January, violates the Fourth Amendment right against unreasonable search and seizure.
That’s normally a claim that arises in criminal cases, where a defendant argues prosecutors cannot use certain evidence, like a bag of drugs, because it was obtained without a warrant. But attorney David Selden said the constitutional protection extends to everyone — including employers.
The claim, though, is being met with derision by Rep. Russell Pearce, R-Mesa, who crafted the measure. He conceded the law does let the government look at things that otherwise might require a warrant.
But Pearce said this is legitimate and will withstand legal challenges. This claim, added to an existing lawsuit by employer groups, isn’t the only new attack on the law.
In a separate lawsuit, two Hispanic groups contend the law improperly interferes with the constitutional rights of individuals to work.
The law allows a judge to suspend the state license of any firm that knowingly hires an undocumented worker. A second offense within three years puts the company out of business.
Business groups opposing the law already have raised a series of legal issues in federal court, ranging from the state inserting itself into an area solely left to the federal government to claims of violations of the right of due process.
This new claim relates to another section of the measure which says employers must verify the legal status of new employees through the federal government’s E-Verify Program, originally known as the Basic Pilot Program.
That system uses a person’s name and social security number to verify the person is in this country legally and entitled to work here.
The problem, said Selden, is companies must register with federal officials to use the program.
And that registration requires employers to sign a “memorandum of understandingâ€Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
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09-10-2007, 10:17 PM #2In a separate lawsuit, two Hispanic groups contend the law improperly interferes with the constitutional rights of individuals to work.
Seems to me we should be MORE CONCERNED about the Right to Work of AMERICANS! How many AMERICANS have been kicked to the curb and immediately replaced by an illegal alien? WHAT ABOUT THEIR/OUR CONSTITUTIONAL RIGHTS TO WORK?
(Now, I will finish reading the article. I couldn't quite make it past the sentence above)
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09-10-2007, 10:27 PM #3
The OBL and ethnocentric groups should just come right out and admit they want NO immigration laws (whether local, state or federal) and NO borders. This story is further proof of why those of us who believe in the rule of law and secure borders cannot agree to another amnesty in any form -- because if we did you can be assured that any enforcement agreements would be quickly ignored or litigated into oblivion.
Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
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09-11-2007, 04:21 AM #4
The agenda of those filing these suits is so transparent it would be laughable if it weren't for the fact that we are not amused by the antics.
I am getting so very sick and tired of listening to nonsensical arguments about the non-existent "rights" of illegals in this country to do anything they damned well see fit while every attempt is made to stop the enforcement of our laws. We shouldn't be surprised though....this is just another example of delaying the inevitable which is a tactic always utilized by the guilty.
These lawyers, activists,and illegals should just take their act to Mexico and other Latin countries. Let them start demanding that those countries do their bidding, telling those governments what laws they can and cannot enforce, filing lawsuits, organizing angry mobs to threaten revolt, etc.
But they won't. They know exactly what would happen to them in those countries for pulling the crap they pull here and they don't have the guts.Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
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09-11-2007, 07:27 PM #5
All good points Azwreath.
Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
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09-11-2007, 10:07 PM #6Originally Posted by Populist
Why thank you Populist........I seem to function well while up letting the dog out in the wee hours of the a.m.Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
Laura Loomer - Woke up this morning to a @nytimes article...
03-27-2024, 11:36 PM in General Discussion