Posted on 02/07/2008 8:30:20 PM PST by nckerr
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.
The business groups challenging the law said they will appeal Wake's ruling to the San Franscisco-based 9th U.S. Circuit Court of Appeals.
"We look forward to this next phase and remain optimistic that our case is strong and will ultimately prevail," the challengers said in a statement.
They said their appeal will include a request for an emergency order blocking enforcement of the law. It took effect Jan. 1 but prosecutors have told Wake they wouldn't take any complaints to court until March 1, allowing time for an appeal.
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.
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."
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
I guess we dont even care about the little battles anymore..??
It sometimes seems so, but it is encouraging to see action on the local level. Guess SCOTUS will get this after the 9th.
can you please explain this:
“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 lawsuit by the businesses was against a law that hampered efforts to punish businesses?
sorry I’m dense
I suppose success breeds complacency. Meanwhile, another 5,000 invaders snuck over the border last night.
Don’t worry, we’ll be getting amnesty rammed down our throats again next year. That’ll wake us up.
Ditto
All of America’s enemies are just waiting in the wings (and the mosques and borders) for the democrats to take over here.
To quote you: That’ll wake us up.
With quite a loud noise I am afraid.
Amazing. He is a Bush appointee.
Ought to be a federal law.
Round up ALL illegals and throw their butts out of the country. Secure our borders.
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