Judge Allows Illegal Immigrant Hiring Ban

Challenge To Arizona Hiring Law Rejected; Will Go Into Effect January 1

(AP)  A U.S. judge has thrown out a lawsuit challenging a new Arizona law that prohibits people from hiring illegal immigrants and requires businesses to verify whether applicants are eligible for employment.

The law takes effect Jan. 1.

Arizona is the busiest illegal gateway into the United States. The Pew Hispanic Center estimates that illegal immigrants account for one in 10 workers in the state's economy.

Opponents of the law argued it would burden employers and poison Arizona's business climate. They said the state lacked the legal authority to regulate immigration. The judge's ruling did not address that argument.

Attorneys for the state say the law does not conflict with federal law.

Supporters said the law was needed because the U.S. government has not adequately enforced a federal law that already prohibits employers from knowingly hiring illegal immigrants.

Governor Janet Napolitano signed the bill in July, saying that while immigration is a federal responsibility, the U.S. Congress was apparently "incapable of coping with the comprehensive immigration reforms our country needs."

Under the law, any business that is found to have knowingly hired an illegal worker is subject to sanctions ranging from probation to a 10-day suspension of its business licenses. A second violation would bring permanent revocation of the license.

In the Friday ruling, the judge wrote that the lawsuit was premature because there was no evidence that anyone 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. The judge said county prosecutors, who were not defendants, actually have the power to enforce the law.

Farrell Quinlan, a spokesman for business groups in the lawsuit, 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.

A spokesman for Napolitano said the governor's office had not yet read the ruling and had no immediate comment.