Sheriff Joe Arpaio Rides Again

Posted on May 19, 2010 by Jeffrey W Toppel

While Arizona’s controversial new immigration law, Senate Bill 1070, continues to garner national attention in the months leading up to its July 29 effective date, employers in Arizona must not forget their obligations under the already effective Legal Arizona Workers Act (“LAWA”). LAWA imposes severe penalties on employers who either “knowingly” or “intentionally” hire unauthorized workers.

On May 6, 2010, Maricopa County Sheriff Joe Arpaio raided a Phoenix business, arresting 24 employees suspected of being illegal aliens. Sheriff Arpaio conducted the raid after receiving a tip through his immigration hotline that employees at the business were engaging in identity theft. The recent raid was Sheriff Arpaio’s 32nd workplace raid in the period since LAWA took effect in January 2008.

Until recently, the Sheriff’s raids have focused primarily on the arrests of unauthorized workers and have not resulted in the prosecution of the businesses that employed them. However, that appears to be changing. The Maricopa County Attorney’s Office has initiated at least two cases against employers under LAWA. There are also indications that Arizona’s County Attorneys are gearing up for increased enforcement of LAWA. Senate Bill 1070 adds an “entrapment” defense to LAWA, which suggests that law enforcement will be engaging in more creative investigation techniques in the future. Moreover, the Maricopa County Attorney sought increased subpoena power under LAWA, but this initiative was successfully opposed by business groups and did not make it into the final version of Senate Bill 1070.

Finally, the lawsuit filed by the U.S. Chamber of Commerce and other business groups challenging LAWA has made its way to the U.S. Supreme Court. The U.S. Supreme Court has invited the Solicitor General to file a brief on behalf of the U.S. government. With the recent nomination of Solicitor General Elena Kagan to the Supreme Court, it is not clear when the case will move forward.

Jackson Lewis will continue to follow developments under LAWA.
 

Tags: , , , ,

Arizona Governor Signs Controversial Immigration Bill into Law

Posted on May 6, 2010 by Jeffrey W Toppel

Less than two years after the enactment of the Legal Arizona Workers Act (“LAWA”), Arizona Governor Jan Brewer has signed into law the Support Our Law Enforcement and Safe Neighborhoods Act (Senate Bill 1070). The Act requires law enforcement officials to attempt to determine the immigration status of any person that they believe to be an alien unlawfully present in the United States. The Governor’s decision has thrust Arizona into the spotlight of immigration reform debate.

The controversial statute has attracted both national and international attention since the April 23 signing and has led to daily protests at the Arizona State Capitol in downtown Phoenix, as well as throughout the country. Several public figures have spoken out in opposition to the statute and there have been widespread calls to boycott Arizona businesses. Despite this, Arizona polls show widespread support for the bill among Arizona residents.

While opposition to the bill has focused largely on the new requirement imposed on law enforcement officials, Senate Bill 1070 has two provisions that will impact Arizona employers. The statute includes a provision prohibiting the hiring of day laborers. This same provision makes it a crime for unlawful aliens to “apply for work, solicit work in a public place or perform work as an employee or independent contractor in this state.” Senate Bill 1070 also adds a recordkeeping provision to LAWA that requires employers to maintain E-Verify verifications for each employee hired after January 1, 2008 for the duration of the employment or at least three years, whichever is longer. In addition, it adds a defense of entrapment for employers facing a claim that they either intentionally or knowingly hired an unauthorized alien.

Jackson Lewis will be closely monitoring developments relating to Senate Bill 1070 and the impact it will have on employers in Arizona and will be providing regular updates.
 

Tags: , , , , ,