Komatsu Equipment Co Resident Field Mechanic Administrative & Professional Tucson Urban League CEO/President Finance and Accounting Charles E. Gillman Company Accounting Specialist Sales and Marketing Everready Glass Sales Reps Administrative & Professional Jorgensen Brooks Group Counselor Trades/Construction RANCHO RESORT MAINTANANCE POSITION Tucson RegionCourt: Businesses can't use anonymity in fight vs. hiring lawCapitol Media Services
Tucson, Arizona | Published: 01.15.2008
PHOENIX — A federal judge on Monday refused to allow business owners to file anonymous complaints about the effect the state's new employer sanctions law will have on them.
Judge Neil Wake said the companies challenging the law now admit they no longer need the statements to pursue their challenge to the law, which took effect Jan. 1.
That includes one from a man who admitted he knowingly hired undocumented workers last year — already a violation of federal law — and intended to continue to do so despite the new state law.
Wake said that admission means he will not allow the filing of the anonymous affidavits.
The move comes as Wake is set to hear arguments Wednesday over the legality of the statute, which allows a judge to suspend or revoke any state licenses of firms that knowingly hire people not in this country legally.
Challengers contend the state law unconstitutionally infringes on the exclusive right of the federal government to control immigration and punish firms who hire undocumented workers. Attorneys for the state counter that federal law specifically lets states rescind licenses of companies that use unauthorized workers.
Attorney David Selden, the lead attorney for the challengers, said the affidavits were needed to prove the state law will have a real impact on Arizona firms.
Federal court rules generally require some showing of harm before someone has standing to contest the validity of the law.
Selden said it was particularly important to file the affidavit from the business owner who admitted breaking the law without identifying him. Selden said he faced both the threat of prosecution if his identity becomes known as well as the possibility of actual physical harm.
But the move was opposed by state Solicitor General Mary O'Grady who said it is improper to let an unidentified person challenge state law.
Aside from challenging the authority of the state to punish employers, foes also are contesting another provision that requires companies to check the legal status of new workers through the federal government's E-Verify program.
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