Arizona : Leading by example

Arizona has been a leader in immigration-related laws, mostly legislation that would crack down on illegal immigrants. Although there have been numerous legislative proposals, most of the laws have been approved by voters. A few examples:

AT THE BALLOT BOX

No public welfare benefits for people in the country illegally. Approved November 2004.

No bail for illegal immigrants arrested for serious crimes. Approved November 2006.

No punitive damages to illegal immigrants in lawsuits. Any financial reward is limited to actual damages. Approved November 2006.

Mandates English is the official language of government, with various exceptions. Approved November 2006.

No state-subsidized programs for illegal immigrants in the areas of adult education and child care, among other programs. Approved November 2006.

AT THE LEGISLATURE

Penalties for employers who hire illegal workers. Passed June 2007; amended May 2008.

Create penalties for people who block public rights of way while seeking and/or hiring day labor. Vote pending in the state Senate; approved by the House of Representatives.

Create a temporary-worker program for those Arizona businesses that could demonstrate a worker shortage in their industry. Workers could be brought in through Mexico. Initial vote pending in the state Senate; if approved, would need House OK.

Refer to the ballot a measure that would require local police agencies to inquire about the immigration status of people they stop in the course of law-enforcement duties. Awaiting a final vote in the House; then must go to the Senate for approval.

Three sanctions cases

What Arizona and other states are doing

Three laws spelling out a role for local and/or state enforcement of immigration law have been contested in federal court and are each now before a federal appeals court. First up is Arizona's Legal Arizona Workers Act, which will be heard by the Ninth U.S. Circuit Court of Appeals on Thursday.

The Arizona Legislature approved the Legal Arizona Workers Act in June 2007 and signed into law by Gov. Janet Napolitano on July 2, 2007.

The law gives Arizona the right to act on any of a business' state-issued licenses if the employer is found to have willingly or knowingly hired an illegal worker.

Eleven days after Napolitano acted on the bill, a coalition of business groups, led by the Arizona Contractors Association, sued in federal court. After some legal twists and turns, the law was upheld in February by U.S. District Court Judge Neil V. Wake.

The Hazleton (Pa.) City Council approved the Illegal Immigration Relief Act in July 2006.

It set out penalties for employers who hired illegal workers, as well as for landlords who rented to those in the country illegally.

A year later, a federal judge overturned the city ordinance, saying it was unconstitutional because it wrongly gave the city power over immigration issues, which are in the federal domain.

The case is on appeal to the Third 3rd U.S. Circuit Court of Appeals, and a hearing is expected later this summer.

The Valley Park (Mo.) City Council approved the Illegal Immigration Relief Act in July 2006, but later amended it to drop sanctions against landlords who rent to people in the country illegally.

A lawsuit challenging the ordinance argued that the city has no authority to penalize employers found to have hired illegal workers.

In January, 2008 a federal district court judge upheld the city ordinance. It has been appealed to the Eighth U.S. Circuit Court of Appeals, which is expected to hear the case later this year.

Meanwhile, the Missouri General Assembly approved a state law that mirrors the Valley Park ordinance.