Judge: Sanctions could help poor residents

A federal judge says the need to help Arizona’s poorest residents, who compete with illegal immigrants for jobs, may outweigh any arguments for delaying enforcement of a new employer sanctions law.

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Judge not inclined to block sanctions law

Judge Neil Wake listened Tuesday while attorneys for Arizona business groups demanded that he block state and county officials from enforcing sanctions against employers hiring illegal immigrants until courts determine whether those sanctions are constitutional.

Lou Moffa Jr., attorney for some businesses opposing the sanctions, said it is unfair to force businesses to comply with the new law, set to take effect Jan. 1, while its constitutionality is being contested.

If for no other reason, he said, there is a financial cost to companies to use the federal government’s E-Verify system to check the legal status of new workers, one of the law’s requirements.

Conversely, Moffa said, there is no hardship on the state or counties if they don’t enforce the law until its legality is determined.

But Wake said Moffa’s argument ignores one of the law’s underlying purposes: to ensure undocumented workers do not take jobs from legal U.S. residents.

“Unauthorized workers compete with people who just struggle with the bare necessities of life,” he said.

But attorney Paul Eckstein, representing another group of businesses, said leaving the law the way it has been for years — with no state penalties for hiring undocumented workers and no requirement to use E-Verify — is no big deal.

“Another 45 days ... is spit in the ocean here,” Eckstein said.

David Selden, another business lawyer, said the law does not require companies to check on Jan. 1 whether all their employees are legal residents. Instead, he said, it applies only to people hired on or after that date.

Judges are required to consider the “balance of hardships” when deciding whether to issue a restraining order blocking enforcement of a law while its validity is litigated.

Wake promised a ruling by the end of the week. Business attorneys said if he denies their request they will file an immediate appeal.

Tuesday’s hearing follows Wake’s decision earlier this month to throw out the original legal challenges to the law.

He said then that the business groups should have sued the 15 county attorneys charged with enforcing the law; instead they sued the state.

A new lawsuit filed two weeks ago adds those county attorneys.

Wake promised Tuesday to hear the new arguments Jan. 16, a date he said is as soon as possible to ensure that the new defendants have time to prepare.

The judge also got representatives of various county attorneys to essentially promise they won’t bring charges against anyone before Feb. 1.

Eileen GilBride, representing Maricopa County, said it’s an easy promise to make, as there is no way a complaint against an employer can be fully investigated between now and then.

The business groups’ demand to put the law on hold also comes with a not-so-veiled warning that failure to do so could end up costing taxpayers money.