AZ: Judge rejects bid to block employer sanctions law

A

Al Norris

Moderator Emeritus
Last June, the Legislature of Arizona passed a fairly tough law that would sanction Employers who knowingly hired illegal aliens.

Of course, this law was opposed, and will be challenged, by certain civil rights groups. Here's the latest:

Judge rejects bid to block employer sanctions law

Mary Jo Pitzl
The Arizona Republic
Dec. 21, 2007 03:44 PM

A federal judge on Friday denied a request to temporarily block the state's employer-sanctions law from taking effect, clearing the way for the controversial law to go into effect Jan. 1.

It also sets the stage for an 11th-hour legal showdown in San Francisco, as the business and Hispanic civil-rights groups which have been challenging the law intend to seek an injunction from the 9th Circuit Court of Appeals next week.

In his ruling, U.S. District Court Judge Neil V. Wake wrote that despite the plaintiffs' arguments that they would be harmed by the law, the greater harm would be to the general public if the law does not take effect as envisioned by the Legislature.

"The balance of harm tips sharply against Plaintiffs, not in their favor," Wake wrote.

He noted that the county attorneys charged with enforcing the law stated in court earlier this week that they could not bring any enforcement actions until at least Feb. 1, casting doubt on the arguments that the imminent debut of the law would hurt anyone in the short run.

Wake also said that another requirement for granting the restraining order - that there's a likelihood of the challenge succeeding should there be an eventual trial on the law's merits - was not met.

Plaintiffs' attorneys had been bracing for a denial and have already laid the groundwork to file a request for a restraining order with the 9th Circuit court in San Francisco. That court has only three business days left this year in which to take action, as it is closed Dec. 24 and 25 for Christmas, as well as Dec. 31 for New Year's.

The law outlines penalties for Arizona employers found to have knowingly or intentionally hired illegal workers. Sanctions range from probation to suspension of business licenses to permanent revocation of the licenses for a second offense.
Click to expand...

Two related stories from the same newspaper:

House speaker launches review of new employer sanctions law

Napolitano: Criticism of new law exaggerated
 
The State of Arizona has been taking matters into it's own hands concerning illegal immigration and this legislation is yet another example.

AZ passed, and successfully defended, a proposition two years ago that specified that PROOF of legal residence be required to receive any public assistance, attend public schools, or VOTE. This one has also fiercely contested and made it's way through the Federal Courts but stood up and is ENFORCED. This one was a voter referendum thus making it an AZ Constitutional amendment. VERY tough for activists to get brought down.

The legislation in the OP has virtually no chance of being struck down or even receiving an injunction because there is absolutely no grounds. The lower courts have repeatedly tossed out challenges quickly and summarily for lacking a harmed plaintiff. The District Court will see the lack also.

This legislation fits the criteria I like the most when solving problems. It's simple, direct, and effective. It suspends the business license (AKA transaction privilege) of businesses found to have knowingly employed someone not eligible for employment in the US due to immigration status. First offense is a 10 day suspension, 2nd offense is PERMANENT revocation. Goes right to the heart of the immigration problem, JOBS. The illegals aren't aching to be Americans for the most part. What they are coming here for is jobs that pay more then they can earn in their native countries.

This is good stuff and the employers are spinning to make sure their employees are eligible. The States of California, New Mexico, and Texas better be ready for an influx of illegals from AZ seeking work. They may want to get the ball rolling for just this kind of legislation.
 
I live in Kingman and this is all over the news . We get cable out of PHX and tonight they did a couple of stories about restaurants that are losing business because their patrons are going back to Mexico . The story the other night showed the Mex consulate filled to the street by Mexicans seeking copies of their birth certificates since they can't relocate back there without one . Can you believe that ? A Mexican can get into the US easier than they can get into Mexico . Perhaps we will now be able to prove that there IS a cost rather than a benefit to them being here . All the libs claim that they are a good thing . Well , even if they paid taxes they don't make enough to let the IRS keep anything . Then take into account that their families use up a ton of services you see them as a burden rather than an asset . AZ does not allow this so the best bet for illegals is to go to CA . If stopping by the field and picking a couple of heads of lettuce will lower my taxes AND keep my ER open I will be a few minutes late getting home .
 
This Christmas just got merrier :D

(note the licence plate)
Click to expand...
l217453-1.jpg
 
Glad to see the judge blocked the challenge to employer sanctions. The sad part is that it has been necessary for the individual states to do the job that the Fed's should have done long ago. But of course that would have gone against senor Bush's policy of not enforcing immigration laws.

The key to this whole issue has always been employer sanctions. Once employers find they will actually be punished for breaking the law, then illegals will leave on their own.
 
I'm happy to see it happen on the State level. I hope that it continues on a State level. I believe that after AZ endures the storm of opposition that other States will be quickly adopting similar legislation. Good luck changing the minds of several States legislatures and Governors vs. just the US House, Senate, and President.

This has been building over a couple of administrations BTW Senor. But Bush does have the wheel right now and hasn't driven this problem correctly. Serendipity as it will likely be better handled by the States anyway as they have jurisdiction over businesses and the Feds do not.
 
There already are. Every employer is required to have new hires fill out an I-9 form. This is supposed to be documentation that the new hire is eligible for employment in the US. Problem is that the Fed doesn't have the means to police this let alone enforce it.

The States however see the revenues of a business every month because of sales tax collection. Further the States administer unemployment and supervise workers compensation. And most of all, the States grant or deny the formation of a business and more potently the STATES are the governing body for the formation and record keeping of CORPORATIONS. A business has to incorporate in some STATE, not at the federal level.

The more this is looked at the BETTER States would be at discouraging and detecting illegal employment.
 
Problem is that the Fed doesn't have the means to police this let alone enforce it.
Click to expand...

Well, I guess we could argue that forever, but I fell reason the federal immigration laws are not being enforced has been due to a lack of will & direction by the Fed's, not a lack of means & personnel.

The good news is the Fed's have created a vacuum by not doing their job, now the states are stepping in and doing their job for them.
 
Whether the Feds lack the will or the ability is of no matter to me. I'm willing to concede either argument. But the less the fed does the better. They can deal with them at the border and at the local LE jail. The States can deal with employers and creating a workforce consisting of those legitimately eligible to be employed in the US and by doing so improve the lives of those employed, create a level playing field for competing businesses, and take away the incentive for those entering the country with no intention of becoming Americans.
 
So to put this into perspective. The Mexicans are being sent back through a lack of work. What exactly is being benefited here? How will this effect crime rates? How will it effect your job? How will it effect your income? etc.

I am not flaming or bashing. I just want to know what exactly I am supposed to be celebrating.
 
create a level playing field for competing businesses, and take away the incentive for those entering the country with no intention of becoming Americans.
Click to expand...

Yes.

How will it effect your income? etc.
Click to expand...

Well, it has been said many times many ways. Low cost labor is a myth. You are paying more for illegal workers than legal workers. You pay for free social services. This includes medical & schooling. Yes, the individual business has a lower operating cost, but not the community where they live.
 
An effective answer to illegal immigration to start with. Are you being rhetorical?
Click to expand...

Answer the question I asked.

What exactly is being benefited here? How will this effect crime rates? How will it effect your job? How will it effect your income? etc.

Well, it has been said many times many ways. Low cost labor is a myth. You are paying more for illegal workers than legal workers. You pay for free social services. This includes medical & schooling. Yes, the individual business has a lower operating cost, but not the community where they live.
Click to expand...

So you think you're going to pay less tax? You think you're going to get a raise? Putting food on the table is going to be easier?

Same with not allowing illegals to attend school. What exactly is being done? Is it a cure to a problem or a "feel good" bandaid on a gaping wound?
 
The answers are obvious but apparently you need some enlightenment as your either too stubborn or to lazy to discover them for yourself.

First, the average illegal makes less then minimum wage, gets paid in cash, and will send the bulk of his earnings out of the country. The EFFECT is an eligible employee will be competing for wages STARTING at the very bottom, that employee WILL have the standard deductions taken from their pay, and will be paying living expenses for a family here in the US at American rates.

Second, a legitimate business will be competing against the employer of illegals at a below cost STARTING point. Only solution is to hire the very bottom level of worker and get an unskilled, unreliable workforce.

There are entire trades that work 90% illegal workforces. A master carpenter can look forward to $17/hr with no benefits in a market like that. A master plumber can look forward to $15 no benefits. A master electrician $20 and so on. Forget the Journeyman or apprentices, the ones willing to do the work are doing it for food, gas, housing, only.

Now take out the illegal employee factor and you have a workforce that commands wages based of ability, productivity, and availability as it has to be in order for the balance a free market depends upon to be struck.

The competitive environment equalizes and the money circulating does so within the market rather then being siphoned off into the market of another country. The American living in the United States has the opportunity perform and excellence becomes the vehicle for prosperity again because excellence will be the selling point rather then willingness to accept slashed wages for high skill sets.

The peripheral effects of reduced crime and the load on social services is a question for a thread more on those topics. Perhaps you have some insight there. AZ jails and prisons are stuffed with illegals and meth addicts. Addressing the illegal employee effect will quite likely reduce the peripherals as well.

Now, any further questions then ask them. But the insolent tone will be met with more embarrassing light put on the too stubborn/lazy to get easily accessed info on your own. If you simply and genuinely don't understand the issue and it's dynamics then that another thing.
 
Crime rates? Hmm, here ya go, criminal aliens held in AZ state prisons, (not including county jails), as of October 2007, 5,069, out of a total population of 37,636, or approximately 13.5%. OK, total COST, well, last time I read it, it costs on the average $19,725 a year to house an inmate. 46% of all inmates are doing 6 months or less, so I'll take %46 of the total, and halve it, just to be fair. That's $22,999,350 for 2332 inmates. Add in the other 2,737 incarecated criminal aliens, and that cost is $53,987,325. Ready for that total? $76,986,675. Per year - FOR ILLEGAL ALIENS. There's one part of your savings, sir. AZ has a balanced budget amendment, so if we didn't NEED that money in DOC, it would be RETURNED to the TAXPAYERS as a TAX CUT. That's just the criminal alien problem. Now someone pull up the stats on the health care costs. Then the school bills. Etc.
 
Good to see they are taking action. I've had to live next to a house that was used to house 25+ illegals for a guys construction company. The owner was from California. As for the quality of his work, can you say SHODDY. He was surprised when he was turned in. Border patrol had to make two trips to take all the illegals to jail.
 
DSC00084.jpg





Well, I'm on the front line doing something, if just being another person on the street to harass Salvadore Racist ;).


That ain't me in the photo, I'm taking it

Have a great gun carryin' Kenpo day

Clyde
 
You must log in or register to reply here.
Back
Top