Court to hear arguments over Ariz. immigration law

Prosecutors have used Arizona's employer sanctions law just three times in three years, but business interests and civil rights groups, backed by the Obama administration, have banded together to argue that only the federal government may enforce immigration laws.

The employer sanctions law

The employer sanctions law was intended to diminish Arizona's role as the nation's hub for immigrant smuggling by requiring employers to verify the eligibility of new workers through a federal database. Employers convicted of violating the law can have their business licenses suspended or revoked.

But dozens of business raids in metropolitan Phoenix during employer sanctions investigations have led to the arrests of 131 workers who are illegal immigrants on criminal charges, such as using forged documents or stolen identities to get jobs. The law intended to target employers has been used more often against workers.

Business and civil rights groups challenged the law as a clear and unconstitutional attempt to preempt federal authority.

Lawyers for the state argued that while a similar federal hiring law prevents states from imposing civil or criminal penalties against businesses for illegal hirings, the federal law allows states to take licensing actions against violators.

Supporters say the employer sanctions law is a success because more businesses are running checks on prospective workers. They argue that it has led an unknown number of illegal immigrants to leave the state.

Two of the three civil cases against employers have been settled. A now-defunct amusement park that acknowledged violating the law will have its business license suspended for 10 days if it reopens. A sandwich shop that admitted to a violation agreed to close its doors for two days.

A case is pending against a custom furniture business that's accused of using a subcontractor who was an illegal immigrant to get around the law's ban on illegal hirings. The furniture maker denies the allegations.

One difficulty cited by prosecutors in bringing cases against employers is the law's failure to give them civil subpoena power to make suspected violators hand over records and give testimony. Another barrier is the standard of proof: Prosecutors must prove that businesses knew they were hiring illegal workers.

Glenn Hamer, chief executive of the Arizona Chamber of Commerce and Industry, which challenged the employer sanctions law in court, believes the law has been enforced in a reasonable manner and hasn't discouraged out-of-state businesses from locating here, though he acknowledged it's not exactly a selling point.