Featured News 2012 About Arizona’s Day Laborer Law

About Arizona’s Day Laborer Law

Arizona is known as a state with one of the harshest stances on immigration in America. The “show me your papers” statute that is championed in Arizona essentially states that a police officer can arrest any man or woman who is pulled over for a traffic infraction but cannot produce immigration papers that show that he or she is in the country legally. In addition to this harsh statute, the state of Arizona is fighting for a day laborer law which will criminalize day laborers who block traffic when seeking work. The bill is currently being reviewed in a federal appeals court where opinionated politicians are probing the bill’s intentions and repercussions.

A three judge panel at the 9th Circuit Court of Appeals has been looking at the law and appears skeptical according to ABC News. The Governor of Arizona, Jan Brewer, argues that the law was a legal way to remedy traffic congestion that is caused by day laborers. The law was reviewed in a lower court but put on hold, which is why it is now being looked at in the court of appeals instead. The court has argued that blocking traffic is already legal in Arizona, and that the lawmakers do not need an additional law that targets day laborers. Some argue that the offenders could be arrested for blocking traffic regardless of whether or not they are illegal immigrants.

The governor’s lawyer said that while there are specific ordinances in place to make it illegal to block traffic, they believe that the state of Arizona needs more litigation. They say that day laborers block traffic so frequently that they believe they need a more specific law that just targets this group of people. The governor claims that the current laws in Arizona are insufficient to address the problem. The ban on day laborers blocking traffic was a part of Arizona’s Senate Bill 1070 which included the show me your papers statue and other anti-immigration laws. The U.S. Supreme court upheld the show me your papers provision this summer after it grabbed the nation’s attention and sparked a variety of debates. The high court looked over the Senate Bill 1070 as well and struck down certain ordinances that it declared illegal.

These include immigration laws about criminalizing the act of living in Arizona without federal immigration papers. The high court also determined that immigrants who sought work in Arizona should not be issued mandated jail time, and that local police should not have the right to arrest anyone who cannot produce papers. The court did however make it easier to arrest illegal immigrants who commit certain offensive actions. The federal government has taken a stance to eliminate as many criminal immigrants as possible while allowing upstanding and harmless immigrants to remain in the country. Other provisions that were part of the large immigration bill, such as the day laborers issue, are still being litigated.

Because illegal immigrants are not permitted to work in Arizona at a company, they have to find other sources of income. Many immigrant men and women will line up on the sidewalks and wait until a person who needs some work done around the house comes to pick them up. Many U.S. citizens will hire out day laborers to fix a roof or plant flowers and will pay them cash for their services. Because they are not hiring the worker for an extended amount of time, there are no contractual obligations. The day laborers will head back to the boulevard when their jobs are done. One judge says that the choice to try and eliminate day laborers in Arizona is not doing well with the Supreme Court. If you have been arrested for a crime in regards to immigration, you may need assistance. Contact an immigration attorney today for more information!

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