Owner claims Maricopa County sheriff threatened him over new sanctions law

Phoenix - The owner of an Arizona firm has personally been threatened by Maricopa County Sheriff Joe Arpaio with investigation for allegedly hiring an undocumented worker, an attorney for businesses trying to void the employers sanctions law said Monday.

But Arpaio said that's not true.

The claim comes in new legal papers filed in U.S. District Court asking a judge to block the law from taking effect, at least temporarily.

In fact, the business owner, who is not named, is admitting he knowingly employs someone not here legally. And attorney Julie Pace said in the court filing the business owner does not intend to comply with the law set to take effect Jan. 1 which makes hiring of undocumented workers illegal.

Pace said the declaration was made to prove that some actual business actually is in danger of being prosecuted, proof that may be needed to give her and her clients legal standing to challenge the statute.

That lack of proof was one reason U.S. District Court Judge Neil Wake dismissed the first lawsuit this past Friday. Now the new case - with the new claims - is going before U.S. District Court Judge Mary Murguia.

Pace would not name the business or its owner "because of the bullying and the attacks and the death threats some of us have received.''

But it remains unclear whether she will be able to keep the name secret from Maricopa County Attorney Andrew Thomas, charged with enforcing the new law, who now is a defendant in the case.

Arpaio also is curious.

"I want to know who he is,'' the sheriff told Capitol Media Services. Arpaio insisted he doesn't want the name to retaliate but simply to find out if "he's making this up for reasons that they don't like the law.''

Arpaio also said any threats he made - if they could be considered that - were not personal. The sheriff said he has been going out to talk to business groups about the new law.

"I say, 'Be careful when this law takes effect, make sure you comply,' '' Arpaio said. "I don't recall ever telling one business that I'm going to go after them.''

Arpaio acknowledged he has received more than 500 complaints on a telephone "tip line'' about companies which callers say hire undocumented workers. But Arpaio said he hasn't done anything with those complaints because the law is not yet in effect. That law says a judge can suspend a company's state licenses to do business for up to 10 days if it knowingly hires someone not legally entitled to work in this country. A second offense in three years results in license revocation.

Various business groups sued, contending the statute is illegal.

Among the claims are that only the federal government can regulate issues of immigration and employment.

On Friday Wake tossed the lawsuit, at least in part because of the lack of admission by any of the groups or its members that

they are breaking the law and subject to prosecution.

Pace said she believes that's not legally necessary as the law is unconstitutional on its face. But to save time, the business organizations chose to file a new lawsuit, this time with the declaration of the business owner.

The lawsuit also contains a claim that another business owner, also unidentified, had a voicemail message from someone identifying himself as being with Arpaio's office saying there was a complaint about the firm hiring undocumented workers.

The new lawsuit also names the 15 county attorneys as defendants. That is because Wake said it was legally incorrect to name the state attorney general as a defendant, as legislators gave the job of enforcing the law to the county attorneys.

Thomas, at a press conference Monday, said he intends to oppose the request to stay enforcement of the law, even temporarily. He said the fact the plaintiffs named the wrong defendants the first time is no reason to delay enforcing the law now. Nor does he see any reason to delay investigations.

"Until a court rules otherwise, Arizona's employer sanctions statute is the law of the land,'' Thomas said. "I will fully and faithfully enforce it."