Thread: Az judge may dump new employer law now

It seems the dark side may have won and the new tough Arizona law against employing illegals my be thrown out
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Judge raises last-minute questions over sanctions law
Capitol Media Services
Tucson, Arizona | Published: 01.15.2008

By Howard Fischer
PHOENIX — A federal judge raised last-minute questions Tuesday about Arizona's new employer sanctions law, questions that could provide the grounds for him to declare it unconstitutional.
Judge Neil Wake on Tuesday told attorneys to explain to him at Wednesday's hearing what appeal rights — if any — companies have to contest a report from a federal government database that a worker is not in the country legally.
The question is crucial to the future of the state statute. That's because the U.S. Constitution requires all laws to protect the "due process'' rights of those accused of breaking them to prove they are innocent.
Even if Wake upholds the validity of the law, he might limit its scope. He also is asking the lawyers for both sides of the argument whether a company can be penalized for having an undocumented worker already on its payroll before the state statute making that illegal took effect Jan. 1.
Lou Moffa Jr., one of the lead attorneys for businesses challenging the statute, said Wake's questions suggest the judge now realizes there are flaws in the law.
That statute permits a state judge to suspend or revoke all licenses of any firm found guilty of knowingly or intentionally hiring those not authorized to work in this country.
Another provision of the law requires companies to verify a new worker's legal status through the federal government's E-Verify program. And it stipulates that any firm which uses that program has a "rebuttable presumption'' it did not break the law.
Moffa said one problem is that state judges, reviewing complaints against employers, cannot legally determine themselves if a worker is in this country legally.
Instead, judges can rely only on information from a separate federal database of authorized workers. If that database says the worker is not legal, a judge has no choice but to find the company guilty.
Moffa said Wake's question goes directly to the contention of employers that there is no way for a company to appeal the findings of either database, even if they have actual evidence the worker is, in fact, a U.S. citizen or in this country legally.

http://www.azstarnet.com/business/220650

It was only a matter of time wasn't it? The law was written to protect Americans and to help make illegal immigration less desirable. Has anybody noticed that when the American people speak, the courts almost always tell us to shut up and take it? we are no longer a government BY THE PEOPLE AND FOR THE PEOPLE. We are a government BY THE COURTS AND FOR THE CRIMINALS AND CORRUPT.

caylawrote

Has anybody noticed that when the American people speak, the courts almost always tell us to shut up and take it?
_________________

Yes, we are treated like trespassers in our own land. When will Americans wake up and starting speaking out????

Yes
Someone it appears got to the judge

They will look until they find a way to dump these laws

To drive a Truck in this country:
A special license CDL
Fingerprints
Background check
Drug Test
There isn't any appeal process or even a Judge involved in any of this process..If the fingerprints are misread by the Federal Database..the right to work is denied by the DMV and there isn't any appeal process
Drug Tests have a 10% inaccuracy..That is a Fact...Failure of a drug test, including "failure" for a refusal to answer personal questions, is not subject to any Judicial review or appeal. A Federal Agency Orders Americans into Custody and subjects them to search and seizure..NO Judicial Review or Appeal
The background check is done through a Private Database called DAC that is so inaccurate it is a joke..and it is the individual's responsibility to check DAC records but that can be done only within 15 days of being refused employment..and DAC records are notoriously sloppy and inaccurate..and based mostly on Hearsay, rumor and gossip.
Part of DAC records are driving citations taken from Court Records and there isn't any way to verify or change those records..No way to appeal..
Lying on an application is cause for not hiring and firing..and the application is checked against inaccurate and unverified DAC records but the Company doesn't often tell a driver the reason for the dismissal ..There isn't any Judge, Notification or Appeal except for the Driver to go directly to DAC and provide proof that the records are Incorrect..DAC does not have to accept the Driver's proof and may or may not change the records..There Isn't any Appeal or Legal Recourse to Dac and DAC can't be sued for damages
NOW that is for American citizens..and there aren't any Federal Judges falling over themselves to declare these Federal Regulations are violating American Citizens rights..

Originally Posted by xyz

To drive a Truck in this country:
A special license CDL
Fingerprints
Background check
Drug Test
There isn't any appeal process or even a Judge involved in any of this process..If the fingerprints are misread by the Federal Database..the right to work is denied by the DMV and there isn't any appeal process
Drug Tests have a 10% inaccuracy..That is a Fact...Failure of a drug test, including "failure" for a refusal to answer personal questions, is not subject to any Judicial review or appeal. A Federal Agency Orders Americans into Custody and subjects them to search and seizure..NO Judicial Review or Appeal
The background check is done through a Private Database called DAC that is so inaccurate it is a joke..and it is the individual's responsibility to check DAC records but that can be done only within 15 days of being refused employment..and DAC records are notoriously sloppy and inaccurate..and based mostly on Hearsay, rumor and gossip.
Part of DAC records are driving citations taken from Court Records and there isn't any way to verify or change those records..No way to appeal..
Lying on an application is cause for not hiring and firing..and the application is checked against inaccurate and unverified DAC records but the Company doesn't often tell a driver the reason for the dismissal ..There isn't any Judge, Notification or Appeal except for the Driver to go directly to DAC and provide proof that the records are Incorrect..DAC does not have to accept the Driver's proof and may or may not change the records..There Isn't any Appeal or Legal Recourse to Dac and DAC can't be sued for damages
NOW that is for American citizens..and there aren't any Federal Judges falling over themselves to declare these Federal Regulations are violating American Citizens rights..

See now thats good information - thats information we can use to send to reporters in AZ or write letters to the editor with the theme - "Judge considers illegal immigrant rights are more important than citizen rights"

Originally Posted by xyz

To drive a Truck in this country:
A special license CDL
Fingerprints
Background check
Drug Test
There isn't any appeal process or even a Judge involved in any of this process..If the fingerprints are misread by the Federal Database..the right to work is denied by the DMV and there isn't any appeal process
Drug Tests have a 10% inaccuracy..That is a Fact...Failure of a drug test, including "failure" for a refusal to answer personal questions, is not subject to any Judicial review or appeal. A Federal Agency Orders Americans into Custody and subjects them to search and seizure..NO Judicial Review or Appeal
The background check is done through a Private Database called DAC that is so inaccurate it is a joke..and it is the individual's responsibility to check DAC records but that can be done only within 15 days of being refused employment..and DAC records are notoriously sloppy and inaccurate..and based mostly on Hearsay, rumor and gossip.
Part of DAC records are driving citations taken from Court Records and there isn't any way to verify or change those records..No way to appeal..
Lying on an application is cause for not hiring and firing..and the application is checked against inaccurate and unverified DAC records but the Company doesn't often tell a driver the reason for the dismissal ..There isn't any Judge, Notification or Appeal except for the Driver to go directly to DAC and provide proof that the records are Incorrect..DAC does not have to accept the Driver's proof and may or may not change the records..There Isn't any Appeal or Legal Recourse to Dac and DAC can't be sued for damages
NOW that is for American citizens..and there aren't any Federal Judges falling over themselves to declare these Federal Regulations are violating American Citizens rights..

Well said, now they are also doing credit checks too for employment. How many thousands of cases have we read about where identity theft has ruined credit. Even after a conviction they will not remove the bad reports. On my own report, I have been trying for 5 years to clear up a blending of my report and another lady with a similar name. We have contacted each other and have both written to the bureaus, yet nothing is fixed. These reports destroy lives, yet there is no legal or appeal process.

just an added note, the lady who they blended with me has perfect credit lol

I had a friend who had 23 years driving big rigs..He was driving Hazardous Tankers between Los Angeles and San Fransisco..One of the Best Drivers ..
The tanker job ended and he tried to get a job..No one would hire him..Refused at 3 different companies before a recruiter told him DAC said he had been fired for cause..IT took him WEEKS to correct the records and Prove to Dac that he had never been fired for cause..He had been laid off..
Then he was driving team for a while..then he bought his own truck..When he leased the truck..the lease company showed him the DAC report for the team driver and himself..
The Team Driver was pulling a refrigerated trailer..and he, in the same truck, had been pulling a flatbed..while driving the same cab..and that record stands to this day..because the driver doesn't want to hassle with correcting it..and he plans to quit over the fingerprinting anyway..
DAC can't be questioned or sued or appealed
BUT it can be laughed at..except when someone has to Appeal..
Where are the JUDGES for this man's rights?

Maybe there should be a protest in AZ led by the American people. Right outside the courthouse where the judge will be contemplating his decision. This is just another example (amoung thousands!) as to why I am so ANGRY!!!!!!!!!!!!!!!!!!!!!!!
I need a little education here. Do we, as a people, have a right to sign petitions or something that calls for a law or some kind of action to be taken? I guess what I'm saying is, can't 500,000 people show up at the house of congress or whatever and start demanding stuff?
Or what about a class action lawsuit against the government for violating the constitution by not protecting us from an invasion? Everyone is suing anyone for anything. Maybe we can do that.
Really, can we do that?