Fri, May 09, 2008

Business

New Ariz. law on hire checks to be explained

By Becky Pallack
Arizona Daily Star
Tucson, Arizona | Published: 11.13.2007
As Arizona business interests try to stop the employer-sanctions law before it goes into effect, small-business owners are learning how to follow the law in case it does.
A federal judge in Phoenix is scheduled to hear arguments Wednesday on the constitutionality of the Fair and Legal Employment Act.
The next day, small-business owners in Tucson will gather to hear how the law may affect them.
"Whether people are for it or against it, it still has an impact," said Lisa Lovallo, chairwoman of the Pima County Small Business Commission.
At a commission meeting on Thursday, businesspeople can hear a presentation by Darcy Renfro concerning the law. They'll also be able to question Renfro, who is Gov. Janet Napolitano's policy adviser for commerce.
"We want to do whatever we can to give the small-business community as much information as we can and hopefully have a productive exchange where small business has an opportunity to give feedback to the Governor's Office," Lovallo said.
The law, which if upheld will take effect in January, requires employers to check a federal database to verify that new hires are working in the country legally. Sanctions include a suspended or revoked business license.
Fourteen business and advocacy groups are listed as plaintiffs in a lawsuit that challenges the new law, saying it is unconstitutional because it denies businesses due process and conflicts with federal immigration laws.
The lawsuit makes several arguments against the law. Among them: The law doesn't lay out any process for an employer to challenge a penalty brought against his or her company, violating due-process rights.
The lawsuit also argues that the law requires employers to waive their protection against unreasonable searches by making employers use the otherwise voluntary e-Verify program, which includes a statement that Homeland Security may search their paperwork.
Judge Neil Wake will preside over the first hearing Wednesday in U.S. District Court in Phoenix.
If the lawsuit is successful, the law many never be enforced.
In a motion to dismiss the lawsuit, Arizona Attorney General Terry Goddard criticizes the challengers, saying they are only speculating on possible harm that could come to them under the law while not intending to break the law.
"Indeed, prosecutions may never occur if plaintiffs avoid knowingly or intentionally hiring unauthorized aliens," Goddard wrote.
● Contact reporter Becky Pallack at 573-4224 or at bpallack@azstarnet.com.