Unauthorized Workers in Arizona - A Delay in Enforcement
An agreement has been reached in the federal lawsuit that challenges the new Legal Arizona Workers Act—prosecutions under the new law, which actually took effect on January 1, 2008 will not start until March 1, 2008. This will give Federal Judge Neil V. Wake more time to consider the legal challenges that have been raised by a very varied group of plaintiffs. The Judge has promised to rule no later than early February.
In the meantime, some Arizona legislators have introduced bills that would amend some of the more controversial provisions of the law—for example, whether the law will apply to all current employees or only those hired after January 1 of this year. According to the Arizona Republic, two Republicans state legislators who voted for the bill now say they regret their vote.
The law allows Arizona courts to suspend or revoke the business license of any Arizona business that intentionally or knowingly employ illegal immigrants. It also requires Arizona employers to use the E-Verify system to check the legal status of all new hires. E-Verify is a free, voluntary, online federal program that enables employers to check names and identification documents of new hires to confirm their employment eligibility. However, the online system, by the federal government’s own admission, is fraught with problems.
I’ll post updates as the litigation continues.