Judge unlikely to OK temp order against sanctions law

The Associated Press

Published: 12.19.2007

A federal judge said Tuesday he's leaning against temporarily blocking enforcement of Arizona's new law penalizing businesses that employ illegal immigrants, partly because the interests of law-abiding workers must be considered.

U.S. District Judge Neil Wake did not rule but told lawyers in the case that he's inclined to turn down a request from business groups for a temporary restraining order blocking the law that takes effect Jan. 1.

Wake said a major factor in his reasoning is the challengers' failure to initially include county attorneys - the officials who would enforce the law - as defendants early in the case along with state officials.

The failure meant the prosecutors have to rush to defend their legal positions, Wake said.

The interests of law-abiding workers also must be considered, the judge said as lawyers for the challengers argued that the law should be put on hold temporarily because it is unconstitutional and places unfair burdens on employers.