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9th Circuit upholds Arizona immigration law

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Indiana lawmakers who want to pass legislation targeting employers who knowingly hire illegal immigrants got ammunition from a federal appellate court ruling in California.

In a 26-page unanimous ruling Wednesday in Chicanos Por La Causa Inc., et al. v. Janet Napolitano, et al., No. 07-17272, the 9th Circuit Court of Appeals in San Francisco affirmed a lower court's ruling rejecting a facial challenge to Arizona's law allowing the state to use licensing laws to enforce immigration-related policies.

The three-judge panel held that state governments can properly enact sanctions that could take away licenses of employers who hire illegal workers and that the statute gives employers an adequate opportunity to defend themselves in a court hearing.

Although it upheld the law, the court pointed out that no businesses have been prosecuted in the nearly nine months since the law's been in effect, and that means future challenges may not be controlled by the decision depending on the facts of those cases.

This ruling gives a boost to Indiana lawmakers, who used that Arizona law as a model in crafting their own legislation during the 2008 session. That bill failed to gain enough support, but Sen. Mike Delph, R-Carmel, hopes to introduce similar legislation during the 2009 session, and he praised the 9th Circuit ruling.

In preparation of the new legislative session, the Interim Study Committee on Immigration Issues is currently studying those issues and has brought law professors and legal experts to testify about the differences between state and federal immigration laws. At its first meeting Sept. 9, experts indicated there was no guarantee a state law would stand up in federal court - something that may now be more debatable following the 9th Circuit's decision.

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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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