Thread: 9th Circuit Court--Denies Request to Block AZ Employment Law

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. "

http://www.azcentral.com/news/articles/ ... 2N.html

Excuse me for a moment while I pick myself up off the floor, you did say the 9th Circuit didn't you? :P

Way Cleared for Enforcement of Employer Sanctions Law
February 29th, 2008 @ 11:27am
by Kevin Tripp/KTAR

Prosecutions under Arizona's employers sanction law may begin as early as Saturday.

The law imposes tough restrictions on businesses that knowingly hire illegal immigrants. It took effect Jan. 1, but has been on hold because of legal challenges. On Thursday, the Ninth U.S. Circuit Court of Appeals denied a request by business groups for an injunction to block prosecutions, pending further appeals.

Yavapai County Attorney Sheila Polk said, that while the law's been on hold, it has not been ignored.

``What the county attorneys had agreed to in that federal lawsuit was simply to hold off on filing in Superior Court an enforcement action," she said. ``That did not mean we were not receiving and investigating complaints as they came in."

Several investigations are underway, Polk said.

``They are primarily coming from the restaurants, lodging and construction businesses."

She said, however, that it could be a month before anyone actually is taken to court.

The law is intended to weaken the economic incentive for immigrants to sneak across the Arizona-Mexico border. It requires employers to use the e-verify federal program to make sure that applicants are in the United States legally. Businesses which fail to comply could lose their licenses.

http://ktar.com/?nid=6&sid=748954

Wow! Did someone whack them over the head?

Ariz. Illegal Immigrant Hiring Ban Stands
PHOENIX, Ariz., Feb. 28, 2008
--------------------------------------------------------------------------------
(AP) An appeals court's decision Thursday against temporarily putting on hold Arizona's employer sanctions law clears the way for prosecutors to begin bringing cases against businesses that knowingly hire illegal immigrants.

The 9th U.S. Circuit Court of Appeals denied an injunction request made by business groups that are challenging the law and appealing a lower court's decision that upheld the law. The groups sought to block the law while their case was under appeal.

"This removes what may have been a potential obstacle," said Roger Hall, an attorney representing 10 of Arizona's 15 county prosecutors in the case.

The law, intended to weaken the economic incentive for immigrants to sneak across the border, took effect Jan. 1 but prosecutors agreed to not file any cases before March 1 to allow enough time for lawyers to file appeals.

It prohibits businesses from knowingly hiring illegal immigrants and suspends or revokes business license penalties for violators.

Thursday's decision was the latest in a steady stream of setbacks dealt to the business groups in federal courts, where the challenge was filed.

Julie Pace, an attorney for groups, said it was possible that employers who face enforcement cases could file challenges to specific elements of the law in state court, such as whether it applies to only new hires or all workers on the payroll.

A decision from the federal appeals court could come by late summer or early fall, Pace said.

Opponents of the law said the new rules will burden employers, poison Arizona's business climate and that cracking down on such hirings is the sole responsibility of the federal government.

Supporters said state punishments were needed because the federal government hasn't adequately enforced a federal law that already prohibits employers from knowingly hiring illegal immigrants.

http://www.cbsnews.com/stories/2008/02/ ... 9437.shtml

OMG the world has come to an end. THE 9TH CIRCUS IS MAKING SENSE!

Please someone, pinch me, i MUST be dreaming.

a realization that America is ours?

Ironic that the 9th Circuit starts making sense on February 29th. We'll probably have to wait four more years to see this slip of common sense again.

I just woke up!,I must be dreaming.