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Appeals court rejects challenge to Ariz. employer sanctions law |

9/17/2008

A federal appeals court today rejected challenges to Arizona's 8-month-old employer sanctions law. Judges of the 9th U.S. Circuit Court of Appeals said the state law which allows judges to suspend or revoke the licenses of companies that knowingly hire undocumented workers does not run afoul of federal laws. The three-judge panel said while federal law specfically reserves the right to impose criminal and civil punishments to the federal government, that law does allow states to revoke licenses. The court also turned aside arguments that it is illegal for the state to require employers to check the immigration status of new workers through the federal government's E-Verify system. But the judges pointed out that no employer has been charged with breaking the law that took effect Jan. 1. And they said while the law on its face is valid, that does not mean that a company which eventually faces penalties under the statute could not bring a new claim contesting that its rights were violated.

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