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Greg Siskind on Immigration Law and Policy

BREAKING NEWS: COURT UPHOLDS ARIZONA EMPLOYER SANCTIONS LAW

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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.



Download arizona_case_order_from_judge_wake_in_candelaria_case.pdf

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Comments

  1. Very Smart Decision's Avatar
    You guys complain about ANY and ALL enforcement. But here you have the most effective enforcement that doesn't involve deportation. It's the administrative death penalty for companies who KNOWINGLY break the law.

    The reason we have this problem today is because companies for years now have knowingly broken the law. What we are guilty of as citizens is allowing it to go on for so long. Had the law been enforced since the first amnesty at the workplace, we wouldn't see a society with a large percent of the workfoce going underground.

    And perhaps, there would be better guest worker programs today because the corporations would have demanded that years ago. They had no incentive to demand better programs when they could simply break the law without any penalty.
  2. Another voice's Avatar
    "You guys complain about ANY and ALL enforcement. But here you have the most effective enforcement that doesn't involve deportation. It's the administrative death penalty for companies who KNOWINGLY break the law"

    Your simplistic view of the problem ignores A LOT of things that are part of this issue. Given that you have a selective way of looking at things(Immigration issue) rather than a comprehensive one tells me that getting you to look at the BIG PICTURE would be nearly impossible. Good luck with that tunnel vision.!!!!
  3. Legal and no longer waiting's Avatar
    Well, there is truth in the VSD's message - I think this law, if properly enforced, will result in more support for immigration reform, not less. It's one of those 'beware what you wish for's that need to happen before people start thinking. On the other side, yes, it is dangerous to make all companies at odd with the law, since those with more connections to the local governments will probably use it as a competitive tool. One way or another, it is all going to have a nasty fallout. Any, maybe that what it takes.
  4. W's Avatar
    What is the problem if businesses are punished that break the law? This law does not talk about deporting of any undocumented people as far I know because states cant deport someone.
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