Thread: AZ: Judge’s excerpts from the sanctions-case ruling

Judge’s excerpts from the sanctions-case ruling

U.S. District Judge Neil V. Wake did more than issue a ruling Friday in Arizona’s employer-sanctions case. He also reflected on a number of crucial issues surrounding illegal immigration in Arizona and the law designed to penalize businesses that knowingly hire workers in the country illegally.

Wake denied a request by a consortium of business groups for a temporary restraining order, clearing the way for the law to go into effect Jan. 1.

In his 29 page ruling, the judge made it clear he believes the public interest would be harmed by an order blocking the law from going into effect. He also expressed skepticism that businesses in Arizona would be seriously harmed by a decision to let the measure become law. He questioned whethe employers would be harmed by signing up for E-Verify, the federal employment verification program designed to check eligibility of new hires.

Under the new employer-sanctions law, all employers must begin using E-Verify by Jan. 1 to check eligibility or risk having their business licenses suspended or revoked.

Some notable excerpts:

• ‘Plaintiffs’ hardship is minimal’

“Plantiffs over mostly sweeping generalities for the hardship they must show to warrant and injunction pending an appeal or a temporary restraining order. . . . The hardship comes down to nothing more concrete than the expense of using E-Verify. Counsel admitted at trial that no planitff lacks a computer or Internet access. The only cost is employee time in learning the program, submitting the names of new hires after Jan. 1, 2008, and assisting new employees who wish to communicate with the federal government to resolve out-of-date government records. That would be a few hundred to a few thousand dollars a year for the majority of employers.â€

I think that those of us who live within the Ninth Circuit and have experienced job loss can cheer at this decision--assuming that it stands in the long run. US District courts are obligated to follow the lead of the Court of Appeals in which they are sited. There are so many liberal judges out here and it is easy to get deprived of a job but I hope this decision spells things out much more clearly.