Az illegal-immigrant hiring law upheld

By PAUL DAVENPORT and JACQUES BILLEAUD, Associated Press Writers
1 hour, 35 minutes ago

"PHOENIX - A federal judge on Thursday upheld an Arizona law that prohibits businesses from knowingly hiring illegal immigrants and yanks the business licenses of those that do.

U.S. District Judge Neil Wake dismissed a lawsuit filed by business groups that argued that federal immigration law severely restricts Arizona's ability to punish people who knowingly employ illegal immigrants.

The law won approval last year from the Republican-majority Legislature and Democratic Gov. Janet Napolitano amid frustration over what they said were inadequate federal efforts to confront illegal immigration. Many cities across the country have passed similar measures, though some have been rejected in court.

Business groups including the Arizona Chamber of Commerce and Industry argue the Arizona law unconstitutionally infringes on federal immigration powers. Wake, however, concluded that there is no conflict with federal immigration law, which he said specifically lets states regulate business licensing.

"Preservation of that state power was itself part of Congress' careful balancing of policy objectives," Wake wrote.

Wake also ruled that the law gives sufficient due-process protections to businesses.

Farrell Quinlan, a spokesman for the business groups challenging the law, said at least some would appeal Wake's ruling to the 9th U.S. Circuit Court of Appeals; an appeal of an earlier ruling by the judge is already pending there.

Quinlan said the groups were reviewing the ruling and had no immediate comment.

Arizona Attorney General Terry Goddard, whose office is defending the law in court, called Wake's ruling a "thoughtful review."

Businesses that knowingly hire illegal immigrants could face a business license suspension lasting up to 10 days under the new law. Second-time violators would have their business licenses permanently revoked. The law also requires businesses to use an otherwise voluntary federal database to verify the employment eligibility of new workers.

The law is intended to weaken the economic incentive for immigrants to sneak across the border and lessen Arizona's role as the busiest illegal gateway into the country. The Pew Hispanic Center estimates that illegal immigrants account for one in 10 workers in the Arizona economy.

Maricopa County Attorney Andrew Thomas said the law is "a good-faith effort to deal with the immigration crisis by focusing on those relatively few employers who intentionally or knowingly hire illegal immigrants."

Opponents of the law argue it would burden employers and poison Arizona's business climate. Supporters say state punishments are needed because the federal government isn't doing enough to enforce its own law prohibiting employers from knowingly hiring illegal immigrants.

Arizona's 15 county prosecutors have agreed not to take any complaints filed under the employer sanctions law to court until March 1, giving the people involved in the case enough time to appeal Wake's ruling.

Wake's ruling did not settle whether the law applies to all workers, or only those hired after it took effect in January. The judge noted that the law's reach has been debated, with lawmakers disagreeing on what was intended, and said that issue would have to be settled in a future case.

Earlier rulings on similar measures have been mixed. In July, a federal judge struck down a Hazleton, Pa., ordinance that would deny business permits for companies that employ illegal immigrants, but another judge upheld a similar measure in Valley Park, Mo., last week.

http://news.yahoo.com/s/ap/20080208/ap_ ... FsODpH2ocA