Arizona: Ninth Circuit Court of Appeals Upholds Legal Arizona Workers Act


In a February 2008 ASAP article, Eyes on the Workforce: Legal Arizona Workers Act Withstands Constitutional

Scrutiny, we discussed the federal district court ruling upholding the Legal Arizona Workers Act ("the Act"). On

September 17, the Ninth Circuit Court of Appeals issued a decision affirming the district court judgment. The Act,

initially passed by the Arizona legislature in July 2007 and amended in May 2008, penalizes employers that

knowingly or intentionally hire undocumented workers in Arizona by suspending or revoking their business licenses.

The Act also requires that all Arizona employers use E-Verify, the online employment eligibility verification program, to confirm the work authorization of newly hired employees. Although the unsuccessful challengers may appeal the Ninth Circuit ruling to the U.S. Supreme Court, the Act will remain in full force and effect unless and until struck


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