The employer sanctions law has recently been upheld by a federal judge. So far it seems that businesses are primarily behind the lawsuits, although i'm reading that it is actually a coalition of businesses and latino rights organizations. For the most part, i see the law as directed towards the workers, not the businesses, but apparently businesses have enough interest in fighting it because otherwise they wouldn't be able to exploit cheap labor. Indeed, there are a number of publications and people saying many undocumented immigrants are moving out of arizona. It also provides incentive for paying workers under the table and doing more shady stuff like not paying the workers after they've worked. I also see it as an opportunity to selectively enforce a law that could cripple small business while leaving big businesses alone.
One main argument used by pro-business/anti-employer sanctions folks is that it is the role of the federal government to deal with such things and that they already have laws put in place regarding the hiring of undocumented workers. Of course the federal gov't isn't enforcing those laws on a large scale just like they're not enforcing other immigration-related laws. It is likely that this is because they just don't want to. They support businesses. Arizona is in a position where racism has won out over capitalism (not to say those two are separate) in a way- meaning the voices of racism are saying "we don't want them here at all", and therefore businesses, who would say "we want to exploit them" are at a loss.
Despite making fluffy arguments against the discrimination that comes with the law, isn't the real issue here about businesses wanting to maintain a status quo that allows them to exploit people who don't have as much means to fight for fair wages, safe working conditions, etc.? Too, isn't it the case that the racist elements serve to allow the inequality to continue? So really, it always intriques me when they come out fighting against each other, and when latino rights groups come out on one side or the other. I'm not saying no one should fight against this law, but more must at least come out of the dialog, if not demands for true equality. Interestingly, i noted that there really doesn't seem to be advocacy for the undocumented, but rather, "[Alfredo Gutierrez] and other Latino activists contend the sanctions law will lead to discrimination against legal and U.S.-born Hispanic workers."
Apparently, it is still not settled whether the law applies to new hires or all employees. Can you believe this? A law is in effect and the entire workforce could be effected by it (i.e. if the e-verify system's flaws catch people up in the chaos of proving their citizenship), and we don't even know.
FoxAZ says:
Wake's ruling did not settle recent debate on whether the law applies only to workers hired after the law took effect in January, not all employees who were previously on the payroll. He noted that the law's reach has been debated, with lawmakers disagreeing on what was intended.
