District judge upholds employer sanctions law

Mary Jo Pitzl
The Arizona Republic
Feb. 7, 2008 07:35 PM

A federal judge today upheld the merits of Arizona's landmark employer-sanctions law, saying it does not overstep the federal government's authority.

U.S. District Court Judge Neil V. Wake dismissed arguments by a coalition of business and Latino civil-rights groups that the law unconstitutionally gives the state controls over immigration.

Wake noted that the state law controls business licenses and does not determine who should be admitted into the United States.

The Legal Arizona Workers Act gives the state authority to suspend or revoke the business license of any employer found to have knowingly or intentionally hired a legal worker. The 15 county attorneys have the power to enforce the law, but have said they have no intention of bringing any enforcement actions before March 1.

Wake ruled that the law “does not make employers conform to a stricter standard of conduct than federal law.''

“The licensing sanctions of (the law) carefully track the federal employer sanctions law. The act does not make employers conform to a stricter standard of conduct than federal law,'' Wake ruled, adding “Just like the federal law, the Act contains procedures for weeding out frivolous complaints and provides enforcement officers with discretion.''