Arizona Illegal Immigration Law Challenge Thrown Out Of Court
A Federal judge tossed out a challenge to a new Arizona law that provides penalties for businesses that knowingly hire illegal immigrants. Both business groups and illegal immigrant advocates had filed suit against the law, scheduled to take effect on January 1st.
In his ruling on Friday, U.S. District Judge Neil V. Wake wrote that the lawsuit was premature because there was no evidence that anybody had been harmed, and that the plaintiffs — a coalition of business and immigrant rights groups — were suing the wrong people.
The ruling said the law gives only investigatory authority to the governor and state attorney general, who were named as defendants. Wake said county prosecutors, who weren't defendants, actually have the power to enforce the law.
The plaintiffs had asked for a preliminary injunction blocking the law from taking effect. Farrell Quinlan, a spokesman for business groups in the suit, said they planned to file more information with the judge to answer what he sees as shortcomings in the complaint.
Alfredo Gutierrez, a spokesman for immigrant rights groups, said they plan to refile the lawsuit after Jan. 1, when they might be able to show damages caused by the law.
The law provides for penalties up to and including the permanent revocation of business licenses for offending companies. State authorities believe that the law is in full compliance with Federal laws. Since the Federal government appears to be stuck at top dead center, states and local governments are having to step in and do something.
Uncategorized | Gaius December 8, 2007
By Quilly Mammoth, December 8, 2007 @ 10:50 am
A similar result happened when Illegal Immigrant activists brought Oklahoma to court on it’s law. Right now the courts are going to claim that there has been no harm done. When the first person is fined we will see the real challenge.
The fact is that all these state efforts use the Federal Requirement for an employer to verify an I9 form as the basis for the local law. The ultimate goal of the II activists is to get at _that_ law.
By Uncle Pinky, December 8, 2007 @ 7:52 pm
Haven’t heard anyone use TDC in years. I must be hanging out with the wrong crowd.