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Business groups challenge Arizona's employer sanctions law
Examiner.com ^ | 14 JULY 2007 | JACQUES BILLEAUD

Posted on 07/14/2007 5:27:37 AM PDT by radar101

Two business groups filed a lawsuit Friday challenging a new Arizona law that makes it a crime to knowingly hire illegal immigrants.

The Arizona Contractors Association and Arizona Employers For Immigration Reform asked a federal judge for a preliminary injunction blocking enforcement of the law, which was signed into law 11 days ago and takes effect Jan. 1.

The business groups argued the law is an unconstitutional attempt by the state to regulate immigration and that cracking down on such hirings is a responsibility of the federal government.

Julie Pace, a lawyer representing the groups, said the law would have a devastating effect on business in Arizona.

"Everyone is so fed up with Congress and the government with not giving us a legal immigration law, they are enacting illegal laws in different states to try to get Congress to act," Pace said.

Spokeswomen for Gov. Janet Napolitano and Attorney General Terry Goddard, who were sued in the legal challenge, declined to comment.

State Rep. Russell Pearce of Mesa, the law's author, said the law was designed to protect honest employers who complete against businesses who take advantage of the low wages paid to illegal immigrants.

"We have done everything we can to make it a fair bill," Pearce said. "Is it tough? Yeah, but it's tough on those who break the law."

The goal of the law was to remove the economic incentive for immigrants to sneak across the border and help lessen Arizona's role as the busiest illegal gateway into the nation.

Advocates for tougher border enforcement said state punishments were needed because the federal government has failed to adequately enforce a federal law that already bars employers from knowingly hiring illegal immigrants.

Many businesses and immigrant advocates said the new state law would weaken Arizona's business climate. The Pew Hispanic Center estimates that illegal immigrants account for one in 10 workers in the Arizona economy.

The law is part of a movement in many states to reject the long-standing notion that immigration enforcement was solely a federal responsibility.

The new Arizona law prohibits people from hiring illegal immigrants and requires all businesses to verify the employment eligibility of workers through a federal database.

Employers who knowingly hire illegal immigrants could face a business license suspension lasting up to 10 days for a first offense. Businesses that take steps to actively get around the ban will get mandatory 10-day license suspensions.

Second-time violators would have their business licenses revoked permanently.

The law provides a measure of legal protection to employers who can prove they have verified the eligibility of workers through a federal records database.

David Jones, president of the Arizona Contractors Association, said the law will cause anxiety for employers without producing the intended results.

"Do you believe that this is going to strengthen our borders? Not at all," Jones said.

The business groups that challenged the law said the new rules violate constitutional due-process protections by putting business licenses into jeopardy without giving violators a right to call witnesses to establish a worker's employment eligibility.

The federal employer sanctions prevents states from imposing civil or criminal penalties against those who knowingly hire illegal immigrants.

While the federal law does allow for states to impose licensing punishments on violators, states can do so only after the violators have been found to have broken the federal law, the lawsuit said.

Advocates for tougher immigration enforcement have begun an effort to bring a stricter employer sanctions proposal to Arizona voters next year.

Under that measure, first-time violators would face the permanent revocation of their business licenses.

Even though the Legislature passed and the governor signed an employer sanctions proposal, organizers of the proposed ballot measure said they would continue to push the stricter rules as a way to head off attempts at weakening the new law.

---


TOPICS: Business/Economy; Crime/Corruption; Foreign Affairs; Government; US: Arizona
KEYWORDS: aliens; crimaliens; illegalimmigration; immigrantlist; stealthamnesty
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1 posted on 07/14/2007 5:27:40 AM PDT by radar101
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To: radar101

Arizona Contractors Association
ACA State Office
3030 N. Third St. Suite 940
Phoenix, AZ 85012-3039

(602) 246-8627
(800) 467-8627
Fax: (602) 242-2563
e-mail: azca@azca.com

Arizona Employers for Immigration Reform -
PO Box 17662 - Phoenix, AZ 85011 -
(602)501-6691

http://azeir.org/contact.asp


2 posted on 07/14/2007 5:31:16 AM PDT by radar101 (Dream Team--Hunter&Thompson)
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To: radar101

We need a list of the companys who are members of these 2 organizations. Freeping op.


3 posted on 07/14/2007 5:31:30 AM PDT by Hydroshock (Duncan Hunter For President, checkout gohunter08.com.)
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To: radar101

So if the business groups argue the law is an unconstitutional attempt by the state to regulate immigration is a responsibility of the federal government,
we need to argue that the Feds are UNCONSTITIONAL in not enforcing the Federal Laws...the States need to step up and fight for the voters rights...


4 posted on 07/14/2007 5:33:03 AM PDT by iopscusa (El Vaquero. (SC Lowcountry Cowboy))
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To: radar101

I find it unbelievable that these people can brazenly argue for hiring illegals. Is there no backlash? No one is paying attention?!

America is in very deep trouble.


5 posted on 07/14/2007 5:37:03 AM PDT by brownsfan (America has "jumped the shark")
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To: radar101

“Julie Pace, a lawyer representing the groups, said the law would have a devastating effect on business in Arizona.”

Well the Judge needs to tell them that they have until Jan 1 to get their house in order. For builders and contractors that is more than ample amount of time to check their employees and replace the ones that are illegal.


6 posted on 07/14/2007 5:53:32 AM PDT by neb52
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To: truthkeeper

Tell a friend.


7 posted on 07/14/2007 5:57:43 AM PDT by mefistofelerevised
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To: Borax Queen

Two business groups filed a lawsuit Friday challenging a new Arizona law that makes it a crime to knowingly hire illegal immigrants.

The Arizona Contractors Association and Arizona Employers For Immigration Reform

PING!


8 posted on 07/14/2007 5:58:52 AM PDT by nicmarlo
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To: iopscusa
Article 4, Section 4 US Constitution

"The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion;"
9 posted on 07/14/2007 5:59:30 AM PDT by RKV (He who has the guns makes the rules)
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To: radar101

These groups can blather all day long but in the end, all they’re saying is “We want our slave labor”.


10 posted on 07/14/2007 6:01:43 AM PDT by Psycho_Bunny
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To: Hydroshock; radar101; Borax Queen
They are keeping their member information SECRET. You cannot access information at the Arizona Contractors Association except through membership login.
11 posted on 07/14/2007 6:04:15 AM PDT by nicmarlo
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To: radar101
On Thursday, a coalition including Mac Magruder, a Valley McDonald's franchiser; Jim Click, a Tucson car dealer and GOP fundraiser; Jerry Colangelo, former Phoenix Suns chief executive; and Steve Hilton, Meritage Homes chief executive, announced it was forming a group called Wake Up Arizona! to oppose the new law.

All you have to do is look who the big supporters of this lawsuit are and you can figure out why they are opposed to the new law. Apparently, business leaders in Arizona feel that their profits trump the will of the people. Mac Magruder owns twelve McDonald's in the Phoenix area. Jim Click owns a large group of new car dealerships in Tucson. Jerry Colangelo is heavy into real estate investments. Meritage is a big home builder in the state. The people of Arizona need to stand up and be counted. Boycott these businesses.

12 posted on 07/14/2007 6:11:24 AM PDT by SMM48
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To: Hydroshock

I believe most of the opposition is coming from merchants who cater to this community.


13 posted on 07/14/2007 6:11:56 AM PDT by Brellium ("Thou shalt not shilly shally!" Aron Nimzowitsch)
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To: radar101; Arizona Carolyn
Julie Pace, a lawyer representing the groups, said the law would have a devastating effect on business in Arizona.

{{{COUGH}}}

14 posted on 07/14/2007 6:14:09 AM PDT by DCPatriot ("It aint what you don't know that kills you. It's what you know that aint so" Theodore Sturgeon))
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To: radar101
I'm really livid when corrupt businesses break the law and pass the costs of doing business onto the rest of us... and put honest businesses at a disadvantage. Those businesses that cannot and will not obey the law should be shut down!

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

15 posted on 07/14/2007 6:15:39 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: radar101; Hydroshock
From the Arizona Employers for Immigration Reform website:

Hispanic workers landed two out of every three new construction jobs in 2006 benefiting from strong employment growth in the industry even as the housing market endured a year-long slump. [pdf file] The construction industry continues to be a key source of jobs for Hispanics and especially for those who are foreign born. The vast majority of new construction jobs in 2006 were filled by foreign-born Latinos, many of them recently arrived.
Supporters:

ALCA - Arizona Landscape Contractors' Association
American Subcontractors Association, AZ Chapter
Arizona Chamber of Commerce
Arizona Builders' Alliance
Alliance of Construction Trades
Arizona Concrete Contractors Association
AMCA - Associated Minority Contractors of America
The Associated General Contractors of America - AZ Chapter

16 posted on 07/14/2007 6:19:32 AM PDT by nicmarlo
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To: radar101

The bill prohibits KNOWINGLY hiring illegals and these businesses are fighting it. That tells you everything you need to know about their business practices. They want to hire cheap illegal labor but charge full price for their product or service. No law-abiding US consumer should reward their lawlessness by doing business with them.


17 posted on 07/14/2007 6:26:57 AM PDT by kittymyrib
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To: radar101

so business want to legally challenge laws that prohibit the hiring of illegals ...which is illegal????

does that mean bank robbers can legally challenge laws that prohibit robbing banks...which is illegal???


18 posted on 07/14/2007 6:35:50 AM PDT by nyyankeefan
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To: neb52
Well the Judge needs to tell them that they have until Jan 1 to get their house in order

Probably will, if recent Arizona history is a clue.

The Reconquista Front went to war over the Voter ID law, and tried to get it stayed; they failed.

Judges are sensitized now, they understand that we're watching, where 20 years ago that wasn't true. They can't just issue a restraining order and kill a law for years while they wrangle it out in court as to whether this little section or that is a no-no.

Suspect this law will stay in effect while these test cases proceed.

19 posted on 07/14/2007 6:36:40 AM PDT by Regulator
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To: radar101

I saw a CNN piece last night (think it was Cooper 360), where some business owner was crying that he couldn’t open another 45 fast food restaurants because of the new law. Like this country full of lardasses needs another fast food restaurant.


20 posted on 07/14/2007 6:51:06 AM PDT by rbg81 (DRAIN THE SWAMP!!)
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To: goldstategop
Used to be, a man could make a good living in the building trades. I started out as an apprentice carpenter in the ‘60’s. My friend’s were amazed at how much money I made. Several years later, I hung sheetrock. Got paid by the sheet, and made a bunch of money by being fast. Now all the crews I see are almost always all mezicans, with one guy who is evidently the translator. A good living stolen from the American worker.
21 posted on 07/14/2007 6:59:48 AM PDT by Dr. Bogus Pachysandra ("Don't touch that thing")
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To: Dr. Bogus Pachysandra

I have heard many stories like this.

A man I know, a carpenter, said he used to bid on jobs but then the development contractors would show up with a semi full of illegal workers and they would all jump out and have at it for $10 an hour.

He’s scrambling for what work he can get building decks etc.


22 posted on 07/14/2007 7:33:25 AM PDT by squarebarb
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To: radar101
Julie Pace, a lawyer representing the groups, said the law would have a devastating effect on business in Arizona.

Talk about a devastating effect!
Unless Arizona has gone collectively insane, this move by a presumably professional association is commiting suicide. As a rule, I would want to hire a competent professional contractor, but I would challenge their professionalism if a local association did the same.

If "a devastating effect" is a cause for panic, you ain't seen nothing yet!

The business groups argued the law is an unconstitutional attempt by the state to regulate immigration and that cracking down on such hirings is a responsibility of the federal government.
This is the most hypocritical, self serving (and self-destructive) statement I have see in years!

Granted, I have come around to believe that this is exactly what Bush means when he said this is "what is best for America", even though it hasn't been as blatantly stated.

A most curious national perversion:

I can't enforce the law because it's bad for America.
On the other hand, I can't repeal the law because it's bad for ME.

23 posted on 07/14/2007 7:35:39 AM PDT by Publius6961 (MSM: Israelis are killed by rockets; Lebanese are killed by Israelis.)
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To: nicmarlo
They are keeping their member information SECRET. You cannot access information at the Arizona Contractors Association except through membership login.

Not a problem.
I assure you that there are a few members who do not agree with this blatant attempt at preempting a solution most Americans embrace.

In other words, real Americans and real Contractors.

That list will become available soon enough...

24 posted on 07/14/2007 7:42:30 AM PDT by Publius6961 (MSM: Israelis are killed by rockets; Lebanese are killed by Israelis.)
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To: Publius6961

awesome! ty!!


25 posted on 07/14/2007 7:45:37 AM PDT by nicmarlo
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To: goldstategop
I'm really livid when corrupt businesses break the law and pass the costs of doing business onto the rest of us... and put honest businesses at a disadvantage. Those businesses that cannot and will not obey the law should be shut down!

Once identified, all of these businesses and their owners must be made to pay the price for their "me first" contribution to the social contract.

26 posted on 07/14/2007 7:45:37 AM PDT by Publius6961 (MSM: Israelis are killed by rockets; Lebanese are killed by Israelis.)
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To: radar101

bump


27 posted on 07/14/2007 7:51:58 AM PDT by VOA
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To: radar101
Part of the Solution, Not the Problem
28 posted on 07/14/2007 8:43:35 AM PDT by Publius6961 (MSM: Israelis are killed by rockets; Lebanese are killed by Israelis.)
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To: nicmarlo; HiJinx
They are keeping their member information SECRET. You cannot access information at the Arizona Contractors Association except through membership login.

Jinx, do you know any members of the Arizona Contractors Association who would be willing to get us that list of members?

29 posted on 07/14/2007 8:52:29 AM PDT by DumpsterDiver
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To: Publius6961; DumpsterDiver; HiJinx
Once identified, all of these businesses and their owners must be made to pay the price for their "me first" contribution to the social contract.

bumping that!

30 posted on 07/14/2007 9:01:28 AM PDT by nicmarlo
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Fit will hit the shan when AZ starts shutting down nursing homes and assisted living homes.

As for the AZ contractors association filing this suit, recall that the last attempt at immigration reform in the US Senate was derailed on the amendment regarding builders and contractors having/not having liability over their sub-contractors' employees' legal status.

31 posted on 07/14/2007 9:04:28 AM PDT by Ben Ficklin
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To: Ben Ficklin

>>Fit will hit the shan when AZ starts shutting down nursing homes and assisted living homes.<<

The USA never had nursing homes for the 200 years before the massive invasion of illegals. That sounds right.


32 posted on 07/14/2007 10:44:43 AM PDT by ding_dong_daddy_from_dumas (Illegals: representation without taxation--Citizens: taxation without representation)
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To: radar101; 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; ...

Ping!


33 posted on 07/14/2007 10:45:39 AM PDT by HiJinx (Ask me about Troop Support...)
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To: HiJinx

I’m disappointed to see Jim Click associating with this crowd.


34 posted on 07/14/2007 10:51:55 AM PDT by SandRat (Duty, Honor, Country. What else needs to be said?)
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To: SandRat
I’m disappointed to see Jim Click

Smirkin' Jimmy would sell his mommy for a dollar, and he's never done a damn thing for Tucson and Southern Arizona except milk it for every dime he can get.

35 posted on 07/14/2007 11:11:07 AM PDT by Regulator
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To: Dr. Bogus Pachysandra
A good living stolen from the American worker.

A friend in northern California who made his living for years as a carpenter, is now competing with hordes of illegal aliens who work for peanuts. He does quality work, but the builders want slave labor and no quality.

He's thinking of relocating to another state, but is afraid he'll find the same thing wherever he goes.

Now the Senate wants to shove "AG workers" amnesty down our throats, and they all realize that these "AG workers" quickly go onto higher paying jobs in the construction industry and other blue collar jobs that used to belong to Americans.

36 posted on 07/14/2007 11:14:51 AM PDT by janetgreen
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To: Regulator
Smirkin' Jimmy would sell his mommy for a dollar, and he's never done a damn thing for Tucson and Southern Arizona except milk it for every dime he can get.

Sorry to disappoint you on that count. Jim Click is a BIG Supporter of the Catalina Boy Scout Council of Tucson and the Saguaro Girl Scout Tucson Council as well as the Boys and Girls Clubs of Tucson.

37 posted on 07/14/2007 11:47:09 AM PDT by SandRat (Duty, Honor, Country. What else needs to be said?)
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To: SandRat
Public relations with that dude, nothin' else.

Just my opinion. Won't get into the background of it.

38 posted on 07/14/2007 11:51:15 AM PDT by Regulator
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To: Regulator
Having seen him operate (really twi$t arm$) to get other businesses to support the youth organizations cited we will just have to agree to disagree; at least on that count and let it go.
39 posted on 07/14/2007 12:04:11 PM PDT by SandRat (Duty, Honor, Country. What else needs to be said?)
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To: radar101

Unbelievable.

If those businesses are incorporated, they should have their corporate status in the US revoked


40 posted on 07/14/2007 12:27:31 PM PDT by hedgetrimmer (I'm a billionaire! Thanks WTO and the "free trade" system!--Hu Jintao top 10 worst dictators)
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To: janetgreen

Why are people stupid enough to buy these houses built by illegals? If a builder wants to be that shady and cut corners like that, you’re just asking for problems with the building down the road.


41 posted on 07/14/2007 2:21:31 PM PDT by Andy'smom
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To: hedgetrimmer
If those businesses are incorporated, they should have their corporate status in the US revoked

I agree, but it won't happen. However, if the locals get informed and stop using them...at least some may go out of business.....bankruptcies would serve them right.

42 posted on 07/14/2007 2:28:14 PM PDT by nicmarlo
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To: Dr. Bogus Pachysandra
Used to be, a man could make a good living in the building trades.

You can make a killing in the building trades by going for quality and not quantity. All the non-English speaking crews are focused on quantity. I have a family friend that's a professional painter and he is constantly turning down jobs. He does smaller specialty jobs for word of mouth customers and makes serious bank doing it. His schedule allows him to take Elk, Deer, and Duck hunting season off, some camping in the Summer, and still maintain an upper middle class lifestyle. (house, RV, mountain cabin, river floathouse)

If I were a carpenter, (I'm not, I suck at it) I'd focus on high end finish type work and build a clientele by word of mouth. There's a lot of people out there that need specialist craftsmen to do stuff that a day laborer from the Home Depot parking lot can't do.
43 posted on 07/14/2007 2:38:58 PM PDT by Tailback
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To: SandRat
we will just have to agree to disagree; at least on that count and let it go

Well, I'd agree to that...

And I would also say that whatever the motivation, if money is going to good causes like that, it's a good thing. Most surgeons aren't in the game to be Humanitarians, they just want to make a lotta loot, but the outcome is still good.

Did I read correctly that the morons on the Tucson City Council stopped supporting the Boy Scouts because of the queer ban? Or was it some other agency?

44 posted on 07/14/2007 2:46:06 PM PDT by Regulator
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To: Regulator

Yes, the Tucson City Council did just that. As did the Tucson United Way for the very reason you cited.


45 posted on 07/14/2007 2:48:28 PM PDT by SandRat (Duty, Honor, Country. What else needs to be said?)
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To: SandRat
Sorry to disappoint you on that count. Jim Click is a BIG Supporter of the Catalina Boy Scout Council of Tucson and the Saguaro Girl Scout Tucson Council as well as the Boys and Girls Clubs of Tucson.

What's his gift to them? Bi-lingual ballots? Pledge allegiance to Mexico?

46 posted on 07/14/2007 2:55:04 PM PDT by radar101 (Dream Team--Hunter&Thompson)
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To: radar101

Please back off. He is a BIG financial contributor on his own and tw$tS the armS of other businesses to do likewise. Further, he sits on the Boy Scout Council Executive Board to help run the program. He also helps the oithers with funds. So Please back off.


47 posted on 07/14/2007 3:01:56 PM PDT by SandRat (Duty, Honor, Country. What else needs to be said?)
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To: neb52

Ain’t no illegal aliens taking lawyers jobs.

If there were, they’d be singin a different tune.


48 posted on 07/14/2007 3:04:24 PM PDT by djf (Bush's legacy: Way more worried about Iraqs borders than our own!!! A once great nation... sad...)
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To: radar101

“...cracking down on such hirings is a responsibility of the federal government.”

Of course, as their influence is at federal government level.

These companies need to be boycotted, then they will not need quite so many workers.


49 posted on 07/14/2007 3:12:23 PM PDT by monkeycard
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To: monkeycard
These companies need to be boycotted, then they will not need quite so many workers.

We need to get their names, post on FR, and have locals in AZ make it known out there so that a boycott can ensue.

50 posted on 07/14/2007 3:13:18 PM PDT by nicmarlo
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