Thursday, February 7, 2008
BREAKING NEWS: COURT UPHOLDS ARIZONA EMPLOYER SANCTIONS LAW
Judge Wake has upheld Arizona's employer sanctions law which allows the state to revoke business licenses and requires employers to use E-Verify. In his decision, he writes that Arizona complied with the Immigration Reform and Control Act by imposing sanctions by "licensing and similar laws" as permitted in IRCA and by referring to federal law in defining an "unauthorized alien" and determining whether an individual in lawful status (unlike other states which often have more restrictive definitions).
The plaintiffs argued that a business license could not be revoked without federal proceedings against the employer. But ht judge rejected the argument stating that this interpretation would reduce the express authorization of state "licensing and similar laws" almost to nothing.
The decision will likely embolden legislatures looking at business license laws. But legislators should be cautious here. IRCA specifically included language that arguably permits the Arizona license law. Many states have been passing rules that go much further than Arizona.
The case can be downloaded here.
# posted by Greg Siskind @ 8:33 PM
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Judge Wake has upheld Arizona's employer sanctions law which allows the state to revoke business licenses and requires employers to use E-Verify. In his decision, he writes that Arizona complied with the Immigration Reform and Control Act by imposing sanctions by "licensing and similar laws" as permitted in IRCA and by referring to federal law in defining an "unauthorized alien" and determining whether an individual in lawful status (unlike other states which often have more restrictive definitions).
The plaintiffs argued that a business license could not be revoked without federal proceedings against the employer. But ht judge rejected the argument stating that this interpretation would reduce the express authorization of state "licensing and similar laws" almost to nothing.
The decision will likely embolden legislatures looking at business license laws. But legislators should be cautious here. IRCA specifically included language that arguably permits the Arizona license law. Many states have been passing rules that go much further than Arizona.
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