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Arizona's tough new immigration law is constitutional, rules U.S. District Court

By Hsieh, Sylvia
Publication: Lawyers USA
Date: Monday, February 25 2008

Arizona's tough new immigration law - which targets businesses that hire undocumented workers by revoking their business licenses - is not preempted by federal immigration law, a U.S. District Court has ruled in a closely-watched case.

An appeal has already been filed with the 9th Circuit,

said Julie Pace, an attorney in Phoenix who represents a group of businesses challenging the statute.

The "Legal Arizona Workers Act" is a two-strikes law aimed at businesses that knowingly or intentionally hire undocumented workers. Penalties include suspension of a business license on a first offense and permanent revocation for a second offense.

The court ruled that the statute fell within Arizona's power to regulate "licensing or similar laws," which was left to the states by Congress when it enacted federal immigration law.

A number of other states have passed or are considering similar laws, and these efforts are likely to gain momentum in the wake of this decision.

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