Attorney: Courts will set scope of sanctions law

SHERYL KORNMAN

Published: 01.03.2008

Whether the state's new employer sanctions law covers all currently employed workers and not just individuals hired after Jan. 1 will have to be determined by a judge, said Manuel Cairo, an employment and immigration law attorney with Snell & Wilmer in Phoenix.

"The law as it is codified is ambiguous as to whether violations can occur regardless of the date of hire," he said Wednesday.

"It's debatable as to whether the drafters of this law intended it to be retroactive," he said. "This will have to be resolved in the courts. We'll wait to see how the law is applied."

The matter of which workers are affected by the law became an issue during a November federal court hearing, during which an attorney representing business groups said the law applies to all hires. Attorney David Selden said the issue turns on the definition of "employ," as opposed to "hire."

The law states: "An employer shall not intentionally employ an unauthorized alien or knowingly employ an unauthorized alien."