http://www.npr.org/2012/05/11/152445019/obama-romney-in-the-ring-for-nevadas-latino-vote
a sheriff is sued in Arizona for enforcing the state's illegal-immigrants law:
http://www.npr.org/player/v2/mediaPlayer.html?action=1&t=1&islist=false&id=152480789&m=152480764
Background:
A law aimed at penalizing employment of illegal immigrants was intended to take effect January 1, 2008. In December 2007, a federal judge dismissed a challenge to the statutes, holding that the suing “organizations lacked standing to challenge enforcement provisions of Legal Arizona Workers Act on basis of threat of prosecution or loss of Fourth Amendment rights.” [Arizona Contractors Ass'n, Inc. v. Napolitano, 2007 WL 4293641 (D. Ariz. Dec. 7, 2007)] The judge also held that because county prosecutors were charged with enforcing the law, they were the proper defendants in the suit. Undeterred, the plaintiffs returned to court in mid-December, seeking to cure the standing issue and obtain a TRO. [Arizona Contractors Ass'n, Inc. v. Candelaria, 2007 WL 4404445 (D. Ariz. Dec. 13, 2007)] The court at that time ordered a hearing on the motion for a TRO. On December 21, 2007, the federal judge declined to issue the TRO. As this litigation dragged on, the Arizona legislature amended the act, effective May 1, 2008. The Legal Arizona Workers Act [A.R.S. §§ 23-211–214] as amended effective May 1, 2008 to meet the pending legal challenges, states in pertinent part:
A. An employer shall not intentionally employ an unauthorized alien or knowingly employ an unauthorized alien.
B. On receipt of a complaint that an employer allegedly intentionally employs an unauthorized alien or knowingly employs an unauthorized alien, the attorney general or county attorney shall investigate whether the employer has violated subsection A. When investigating a complaint, the attorney general or county attorney shall verify the work authorization of the alleged unauthorized alien with the federal government pursuant to 8 United States Code § 1373(c). A state, county or local official shall not attempt to independently make a final determination on whether an alien is authorized to work in the United States. An alien's immigration status or work authorization status shall be verified with the federal government pursuant to 8 United States Code § 1373(c). A person who knowingly files a false and frivolous complaint under this subsection is guilty of a class 3 misdemeanor.
C. If, after an investigation, the attorney general or county attorney determines that the complaint is not frivolous:
1. The attorney general or county attorney shall notify the United States immigration and customs enforcement of the unauthorized alien.
2. The attorney general or county attorney shall notify the local law enforcement agency of the unauthorized alien.
3. The attorney general shall notify the appropriate county attorney to bring an action pursuant to subsection D if the complaint was originally filed with the attorney general.
D. An action for a violation of subsection A shall be brought against the employer by the county attorney in the county where the unauthorized alien employee is employed. The county attorney shall not bring an action against any employer for any violation of subsection A that occurs before January 1, 2008. A second violation of this section shall be based only on an unauthorized alien who is employed by the employer after an action has been brought for a violation of subsection A.
E. For any action in superior court under this section, the court shall expedite the action, including assigning the hearing at the earliest practicable date.
F. On a finding of a violation of subsection A:
1. For a first violation during a three-year period that is a knowing violation of subsection A, the court:
(a) Shall order the employer to terminate the employment of all unauthorized aliens.
(b) Shall order the employer to be subject to a three-year probationary period. During the probationary period the employer shall file quarterly reports with the county attorney of each new employee who is hired by the employer at the specific location where the unauthorized alien performed work.
(c) Shall order the employer to file a signed sworn affidavit with the county attorney within three business days after the order is issued. The affidavit shall state that the employer has terminated the employment of all unauthorized aliens and that the employer will not intentionally or knowingly employ an unauthorized alien. The court shall order the appropriate agencies to suspend all licenses subject to this subdivision that are held by the employer if the employer fails to file a signed sworn affidavit with the county attorney within three business days after the order is issued. All licenses that are suspended under this subdivision shall remain suspended until the employer files a signed sworn affidavit with the county attorney. Notwithstanding any other law, on filing of the affidavit the suspended licenses shall be reinstated immediately by the appropriate agencies. For the purposes of this subdivision, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer and that are necessary to operate the employer's business at the employer's business location where the unauthorized alien performed work. If a license is not necessary to operate the employer's business at the specific location where the unauthorized alien performed work, but a license is necessary to operate the employer's business in general, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer at the employer's primary place of business. On receipt of the court's order and notwithstanding any other law, the appropriate agencies shall suspend the licenses according to the court's order. The court shall send a copy of the court's order to the attorney general and the attorney general shall maintain the copy pursuant to subsection G.
(d) May order the appropriate agencies to suspend all licenses described in subdivision (c) of this paragraph that are held by the employer for not to exceed ten business days. The court shall base its decision to suspend under this subdivision on any evidence or information submitted to it during the action for a violation of this subsection and shall consider the following factors, if relevant:
(i) The number of unauthorized aliens employed by the employer.
(ii) Any prior misconduct by the employer.
(iii) The degree of harm resulting from the violation.
(iv) Whether the employer made good-faith efforts to comply with any applicable requirements.
(v) The duration of the violation.
(vi) The role of the directors, officers or principals of the employer in the violation.
(vii) Any other factors the court deems appropriate.
2. For a first violation during a five-year period that is an intentional violation of subsection A, the court shall:
(a) Order the employer to terminate the employment of all unauthorized aliens.
(b) Order the employer to be subject to a five-year probationary period. During the probationary period the employer shall file quarterly reports with the county attorney of each new employee who is hired by the employer at the specific location where the unauthorized alien performed work.
(c) Order the appropriate agencies to suspend all licenses, described in subdivision (d) of this paragraph that are held by the employer for a minimum of ten days. The court shall base its decision on the length of the suspension under this subdivision on any evidence or information submitted to it during the action for a violation of this subsection and shall consider the following factors, if relevant:
(i) The number of unauthorized aliens employed by the employer.
(ii) Any prior misconduct by the employer.
(iii) The degree of harm resulting from the violation.
(iv) Whether the employer made good-faith efforts to comply with any applicable requirements.
(v) The duration of the violation.
(vi) The role of the directors, officers or principals of the employer in the violation.
(vii) Any other factors the court deems appropriate.
(d) Order the employer to file a signed sworn affidavit with the county attorney. The affidavit shall state that the employer has terminated the employment of all unauthorized aliens and that the employer will not intentionally or knowingly employ an unauthorized alien. All licenses that are suspended under this subdivision shall remain suspended until the employer files a signed sworn affidavit with the county attorney. For the purposes of this subdivision, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer and that are necessary to operate the employer's business at the employer's business location where the unauthorized alien performed work. If a license is not necessary to operate the employer's business at the specific location where the unauthorized alien performed work, but a license is necessary to operate the employer's business in general, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer at the employer's primary place of business. On receipt of the court's order and notwithstanding any other law, the appropriate agencies shall suspend the licenses according to the court's order. The court shall send a copy of the court's order to the attorney general and the attorney general shall maintain the copy pursuant to subsection G.
3. For a second violation of subsection A during the period of probation, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer and that are necessary to operate the employer's business at the employer's business location where the unauthorized alien performed work. If a license is not necessary to operate the employer's business at the specific location where the unauthorized alien performed work, but a license is necessary to operate the employer's business in general, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer at the employer's primary place of business. On receipt of the order and notwithstanding any other law, the appropriate agencies shall immediately revoke the licenses.
G. The attorney general shall maintain copies of court orders that are received pursuant to subsection F and shall maintain a database of the employers who have a first violation of subsection A and make the court orders available on the attorney general's website.
H. On determining whether an employee is an unauthorized alien, the court shall consider only the federal government's determination pursuant to 8 United States Code § 1373(c). The federal government's determination creates a rebuttable presumption of the employee's lawful status. The court may take judicial notice of the federal government's determination and may request the federal government to provide automated or testimonial verification pursuant to 8 United States Code § 1373(c).
I. For the purposes of this section, proof of verifying the employment authorization of an employee through the basic pilot program creates a rebuttable presumption that an employer did not intentionally employ an unauthorized alien or knowingly employ an unauthorized alien.
J. For the purposes of this section, an employer who establishes that it has complied in good faith with the requirements of 8 United States Code § 1324b establishes an affirmative defense that the employer did not intentionally or knowingly employ an unauthorized alien.
[Arizona Revised Statutes 23–212 (January 1, 2008, as amended May 1, 2008)]
In April 2010, a new statute was signed by Governor Jan Brewer requiring immigrants to carry their alien registration documents whenever they are in public and authorizes police to question persons whom they suspect of being in the United States illegally. Less than a month later, the law was amended. The original language required the police to ascertain a person's legal status during any “lawful contact.” Critics pointed out that this would require an inquiry even if the contact was nothing more than someone asking driving directions. Under the revised legislation, police are obliged to check documents only in instances involving those who are detained and arrested. Additionally, the law was clarified to make clear that racial profiling is absolutely forbidden. [S.B. 1070; http://azgovernor.gov/dms/upload/SB_1070_Signed.pdf; see also http://articles.latimes.com/2010/may/01/nation/la-na-arizona-immigration-20100501]
Missouri. In October 2007, Governor Matt Blunt of Missouri stepped into the front ranks of state-based efforts to deal with illegal immigrants. At that time, his office issued a press release, which highlighted Governor Blunt's new directive in the fight against illegal immigration in Missouri:
During a visit to the Caldwell County Sheriff's Office, where on an average day the facility holds approximately 55 immigration detainees, Blunt offered his support to local prosecutors in their efforts in the fight against illegal immigration and reminded prosecutors that state law makes the receipt of tax credits by employers of illegal aliens ineligible for state tax credits, tax abatements, or loans a class A misdemeanor, punishable by up to a year in prison. In a letter to prosecutors, the governor noted that because the attorney general had yet to bring a case to enforce this law, it was left to them to enforce the law in their counties.
Governor Blunt also called on his administration to work with ICE for authority under § 287g of the Immigration and Nationality Act, which would deputize state law enforcement officers to enforce federal laws and protect Missourians against illegal immigration. The agreement would allow select troopers, Capitol Police, and water patrol officers to help enforce immigration laws. The governor directed his staff to examine the costs associated with the § 287g designation and funded in the 2008 budget to help state and local law enforcement agencies pursue the cooperative agreement and help enhance public safety.
The governor also directed state law enforcement agencies to verify the immigration status of every criminal presented for incarceration.
In addition, he took significant steps to shield taxpayers' money from supporting building projects that employ illegal workers including:
· Conducting random on-site inspections of all projects accompanied by the tax credit recipient to monitor and retrieve documentation regarding the legal status of all workers on the job. The inspections would include direct employees of the tax credit recipient, contracted or subcontracted agents, and both general contractors and their subcontractors.
· Performing a Compliance by Written Demand action for all tax credit recipients that requires all workers' proof of legal status, including contractors and subcontractors, to be submitted within 30 days of the date of the receipt of the written request.
The governor also issued a letter to the Missouri Housing Development Commission that outlined principles for the Commission to consider regarding illegal immigration, which included possible sanctions of up to a lifetime ban of contractors and developers that knowingly employ illegal immigrants in violation of federal law.
The letter followed the governor's tough stand against illegal immigration and workers. Earlier in 2007, Blunt ousted a state contractor who hired illegal workers and ordered state agencies to enact a no-tolerance policy through tough new contract protections. The governor cancelled the state's contract with Sam's Janitorial Services and barred the company from doing further business with the state after local and federal law enforcement agencies identified dozens of suspected illegal immigrants working under falsified documents.
Governor Blunt also authored the state's first directive to audit all contractors to ensure that the contract employees are legally eligible to work in the U.S., and to terminate contracts if it is determined that a contractor employs illegal immigrants. He added tough provisions in state contracts to allow the state to immediately cancel contracts if it determines that the contractor knowingly has employees not eligible to work in the U.S., and to require contractors to certify that all their employees meet state and federal employment eligibility requirements.
As described in the summary of the press release, the state of Missouri cancelled a contract with Sam's Janitorial, which was owned by an African-born U.S. citizen named Asamoah-Boadu. Twenty-five of Sam's employees were arrested in a sting operation in March 2007, after the state's manager of custodial operations detected inconsistencies in work documents. The Capitol Police and federal ICE agency cooperated in the subsequent investigation. In October 2007, Sam's sued the state. The case, Asamoah-Boadu v. Missouri [No. 07AC-CC00983 (Mo. Cir. Ct., 2007)] alleged breach of contract, violation of the federal Civil Rights Act of 1866 [see 42 U.S.C. 1981], the federal Civil Rights Act of 1871 [see 42 U.S.C. 1983], and the Fifth and Fourteenth Amendments of the U.S. Constitution, as well as a claim that Governor Blunt's Executive Order 07-13— under which the contract to clean nine state buildings was cancelled—exceeds the chief executive's authority under the Missouri constitution.
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