U.S. judge may greenlight AZ sanctions cases

By Howard Fischer

CAPITOL MEDIA SERVICES

PHOENIX — A federal judge hinted Wednesday that he may give the go-ahead for prosecutors to begin charging companies with violating Arizona's new employer sanctions law — but only in cases where workers were hired this year.

U.S. District Judge Neil Wake considered claims by attorneys for business groups and others that the statute denies employers their constitutionally guaranteed "due process" rights to defend themselves against charges of knowingly hiring people not authorized to work in this country.

That is because the law could be interpreted to say a state judge determines whether a worker is undocumented solely on what is in a federal database. Attorney Lou Moffa Jr. said that denies companies he represents the opportunity to present contrary evidence.

But Wake suggested that's all irrelevant if companies comply with a provision of the law that requires them to check the legal status of all new employees through a different federal database. The law, and the requirement to check, took effect Jan. 1.

Wake said if a company used the E-Verify system, it has no worries at all. If the database says the employee is legally entitled to work in this country, the company has a defense against being prosecuted. And the law says an employer can be found guilty only if prosecutors can show the company knowingly or intentionally hired an undocumented worker.