January 16, 2008

Judge Supports Arizona Immigration Law

A new Arizona law, touted among the nation’s most aggressive immigration reform laws, went into effect on January 1, 2008. The “Legal Arizona Workers Law” mandates suspension of the license of any employer found to have knowingly hired an undocumented worker, and upon a second offense, call for a full revocation of the employer’s license. The new law also requires that Arizona employers use E-Verify, an electronic employment verification system administered by U.S. Citizenship and Immigration Services and the Social Security Administration.

Federal courts in Phoenix and San Francisco, ruling on separate lawsuits brought by business and civil rights groups, refused to block the Arizona law before the effective date. First, Judge Neil Wake of the U.S. District Court in Phoenix, refused to issue a temporary restraining order because the balance of hardships did not tip in favor of the plaintiffs and they did not show a likelihood of success on the merits. Then, on December 21, 2007, the United States Court of Appeals for the Ninth Circuit deferred a decision on an injunction until after a hearing by Judge Wake on January 16, provided a “decision is reached with reasonable promptness.”

Legal analysts will now focus on Judge Wake’s upcoming hearing. However, they predict greater confusion will result from allowing the law to go into effect on January 1, 2008, even though the law could potentially be rejected following the January 16, 2008 hearing.

GT will provide further updates on this important law as the events unfold.