Appeals court refuses to block Ariz. employer sanctions

Mary Jo Pitzl
The Arizona Republic
Feb. 28, 2008 04:39 PM

Prosecutors are free to file complaints for violations of the state's employer sanctions law, as the 9th Circuit Court of Appeals denied requests Thursday for emergency injunctions to block the law.

The law has been in effect since Jan. 1, but the county attorneys who are charged with enforcing the law have said they couldn't bring any prosecutions until March 1 at the earliest.

In its order, the three-judge panel rejected requests for emergency stays filed by a coalition of business groups, Hispanic civil-rights groups and Wake Up Arizona!, another business group.

That means the groups' arguments that Arizona's law is unconstitutional will be heard later this year.

The court did agree to an expedited schedule, with briefs due throughout the spring. Those involved in the case think a hearing on the merits of the case could held this summer, with a ruling to follow.

The sanctions law was approved by the Legislature and signed into law by the governor last year. It penalizes the state-issued licenses a business receives if the employer is found to have knowingly or willingly hired an illegal worker.

A federal judge in Phoenix last month ruled that the law is constitutional and does not deny employers due-process rights, setting the stage for the request to the San Francisco-based appeals court. "

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