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Jeffrey W. Toppel – Phoenix, Arizona
Sean G. Hanagan – White Plains, New York
Less than cheap adobe flash software two years after the enactment of the Legal Arizona Workers Act (“LAWA”), Arizona Governor Jan Brewer has cheap adobe flash software signed into law the Support Our Law Enforcement and Safe Neighborhoods Act (Senate Bill 1070). The Act requires law enforcement officials to cheap adobe flash software attempt to determine the immigration status of any person that they believe to cheap adobe flash software be an alien unlawfully present in the United States. The Governor’s decision has cheap adobe flash software thrust Arizona into the spotlight of immigration reform debate.
The controversial statute has cheap adobe flash software attracted both national and international attention since the April 23 signing and cheap adobe flash software has led to daily protests at the Arizona State Capitol in downtown Phoenix. Public figures ranging from cheap adobe flash software Los Angeles Catholic Cardinal Roger Mahony to the Reverend Al Sharpton and cheap adobe flash software Mexican President Felipe Calderon have spoken in opposition. Despite this, polls suggest that cheap adobe flash software 70 percent of Arizona voters favor the law.
Widespread Concerns Regarding Racial Profiling
The most controversial provision of Senate Bill 1070 requires law enforcement officials to cheap adobe flash software make a reasonable attempt to determine the immigration status of any person that cheap adobe flash software they come into contact if they believe the person may be cheap adobe flash software an alien unlawfully present in the country. Specifically, the statute provides, “where reasonable suspicion exists that cheap adobe flash software the person is an alien who is unlawfully present in the cheap adobe flash software United States, a reasonable attempt shall when practicable, to determinate the cheap adobe flash software immigration status of the person…”
Other controversial provisions in the statute include:
* Prohibiting state, city or county officials from limiting or restricting “the enforcement of federal immigration laws to cheap adobe flash software less than the full extent permitted by federal law.” Under the cheap adobe flash software statute, any Arizona resident may sue a public official or agency that cheap adobe flash software adopts or implements a policy that so limits such laws’ enforcement. The provision is intended to prevent “sanctuary cities” that that adopt policies viewed as protecting undocumented aliens.
* Making it cheap adobe flash software a crime to be an illegal immigrant present in Arizona by creating a cheap adobe flash software state charge for “willful failure to complete or carry an alien-registration document.”
* Making it a crime for a person to “conceal, harbor or cheap adobe flash software shield or attempt to conceal, harbor or shield an alien from cheap adobe flash software detection in any place in this state … if the cheap adobe flash software person knows or recklessly disregards the fact that the alien has cheap adobe flash software come to, has entered or remains in the United States in violation of the cheap adobe flash software law.”
* Allowing a cheap adobe flash software peace officer, without a warrant, to arrest a person if the cheap adobe flash software officer has probable cause to believe the person “to be cheap adobe flash software arrested has committed any public offense that makes the person removable from cheap adobe flash software the United States.”
* Requiring a cheap adobe flash software peace officer to remove and either immobilize or impound a vehicle if the cheap adobe flash software officer determines that a person is “transporting or moving or attempting to transport or move” an cheap adobe flash software alien in the furtherance of the illegal presence of an cheap adobe flash software alien in the United States.
Provisions Impacting the Employment Relationship
Several provisions in the new statute will affect Arizona employers.
The statute makes it cheap adobe flash software a crime for an occupant of a motor vehicle “that is cheap adobe flash software stopped on the street, roadway or highway, to attempt to hire or cheap adobe flash software hire and pick up passengers for work at a different location” if the cheap adobe flash software vehicle blocks or impedes the normal flow of traffic. This is cheap adobe flash software aimed at prohibiting hiring of day laborers who congregate at certain locations, such as home-improvement stores. This provision also makes it cheap adobe flash software a crime for unlawful aliens to “apply for cheap adobe flash software work, solicit work in a public place or perform work as an cheap adobe flash software employee or independent contractor in this state.”
The Act amends the cheap adobe flash software Legal Arizona Workers Act by adding a recordkeeping provision that cheap adobe flash software requires employers to maintain E-Verify verifications for each employee hired after January 1, 2008 (LAWA’s effective date) for cheap adobe flash software the duration of the employment or at least three years, whichever is cheap adobe flash software longer. In addition, it adds a defense of entrapment for employers facing a cheap adobe flash software claim that they either intentionally or knowingly hired an unauthorized alien.
Challenges to Senate Bill 1070 Expected
Many groups have cheap adobe flash software stated that they are considering filing lawsuits to challenge the cheap adobe flash software statute before it becomes effective 90 days after the close of the cheap adobe flash software current legislative session (expected to end in early May). Civil rights groups have expressed concerns that the statute’s provision requiring law enforcement to check a person’s immigration status will lead to widespread abuse and “racial profiling” against members of Arizona’s Latino population.
Influential public officials at all levels also have cheap adobe flash software expressed opposition to the statute and have indicated that a challenge to cheap adobe flash software the statute is likely. In a speech made prior to the cheap adobe flash software Act’s enactment, President Barack Obama called the statute “misguided” and said he has directed his administration to “closely monitor” the cheap adobe flash software civil-rights implications of the statute. Secretary of Department of Homeland Security Janet Napolitano (the cheap adobe flash software former governor of Arizona who signed LAWA into effect two years ago) also has cheap adobe flash software expressed opposition to the statute. It is possible that the cheap adobe flash software Department of Justice may seek to challenge the constitutionality of the cheap adobe flash software statute on civil rights grounds.
At the cheap adobe flash software local level, Phoenix Mayor Gordon has come out in strong opposition to cheap adobe flash software the statute and has indicated that he will seek approval from cheap adobe flash software the Phoenix City Council to file a lawsuit to challenge the cheap adobe flash software statute. Moreover, Maricopa County Attorney Rick Romley, who would be cheap adobe flash software tasked with enforcing many of the Act’s provisions, expressed concerns, on civil rights grounds, about the cheap adobe flash software statute in his attempt to convince the Governor to veto the cheap adobe flash software bill.
Any lawsuit challenging the cheap adobe flash software statute would likely argue that Arizona is impermissibly seeking to cheap adobe flash software regulate in the field of immigration, a field traditionally left to cheap adobe flash software the federal government. Any lawsuit also would challenge the likely civil-rights implications resulting from cheap adobe flash software the statute’s “reasonable suspicion” provision. Jackson Lewis will closely monitor and cheap adobe flash software report legal developments relating to the Act.
Looking Ahead
While a cheap adobe flash software challenge to Senate Bill 1070 is likely before the Act becomes effective, Arizona employers, nevertheless, should prepare to cheap adobe flash software comply with the statute.
Employers in Arizona should consider:
* Reviewing their compliance with the cheap adobe flash software LAWA to ensure that they are using the E-Verify system to cheap adobe flash software verify all new employees.
* Reviewing and, if necessary, modifying their record-retention policies to cheap adobe flash software ensure they will be complying with the Act’s new recordkeeping requirement (employers must maintain E-Verify verifications for the duration of an employee’s employment or at least three years, whichever is longer).
* Reviewing their Form I-9 procedures to cheap adobe flash software ensure full compliance with federal immigration law. Under LAWA, an employer that cheap adobe flash software complies in good faith with the federal I-9 requirements is entitled to cheap adobe flash software an affirmative defense.
After months of inactivity under LAWA, it cheap adobe flash software has been reported that the Maricopa County Attorney’s Office (MCAO) resolved its first case under the cheap adobe flash software statute against an employer who allegedly rehired an employee using fake identification after ICE (Immigration and Customs Enforcement) had cheap adobe flash software determined the employee was an undocumented alien. MCAO may have initiated at least one other prosecution under LAWA. With a cheap adobe flash software newly appointed Maricopa County Attorney taking office, it is not yet clear how aggressively the cheap adobe flash software statute will be enforced in the Phoenix area.
Arizona businesses, particularly those in the cheap adobe flash software hospitality industry, should prepare for the possibility of a boycott or cheap adobe flash software other type of business disruption. Calls for a boycott of Arizona businesses have cheap adobe flash software been widespread and have gained momentum. Democratic U.S. Representative Raul Grijalva of Arizona has cheap adobe flash software called for a boycott of Arizona businesses, noting that a boycott brought about a cheap adobe flash software change in state policy 20 years ago when Arizona refused to cheap adobe flash software recognize Martin Luther King, Jr. Day as a state holiday.
Officials in San Francisco have cheap adobe flash software proposed that the City do no business with companies in Arizona. Moreover, just hours after the cheap adobe flash software Governor announced her decision to sign Senate Bill 1070, the cheap adobe flash software American Immigration Lawyers Association decided to move its planning 2010 conference out of Arizona to cheap adobe flash software protest what it described as the “harshest anti-immigration bill passed in the cheap adobe flash software U.S. in more than a decade.” Other groups may follow suit. At least one labor union, the cheap adobe flash software Services Employee International Union (SEIU), also seems poised to cheap adobe flash software use the enactment of Senate Bill 1070 in its organizing efforts in Arizona. The full extent of the cheap adobe flash software economic impact will not be known for some time.
Finally, the cheap adobe flash software enactment of Senate Bill 1070 has increased calls for the federal government to cheap adobe flash software enact comprehensive immigration reform. Two Senators — Charles E. Schumer (D-NY) and Lindsey O. Graham (R-SC) — have outlined their vision and framework for immigration reform. (See Senators Schumer and Graham Release Immigration Reform Framework.) The pace of activity on immigration reform likely will increase significantly. Attorneys in Jackson Lewis’ Global Immigration practice group will continue to cheap adobe flash software monitor developments at the federal level.
Jackson Lewis attorneys are cheap adobe flash software also available to answer questions about Senate Bill 1070, compliance with its provisions, auditing your cheap adobe flash software Form I-9 compliance, and participation in E-Verify.
Posted April 30th, 2010 by Jessica Spinks - Posted in Immigration purchase on line Adobe Creative Suite 5 Master Collection | |
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on June 1st, 2010 at 4:16 pm
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