Now that Arizona’s employer sanctions law has been ruled legal by a federal district judge - and despite appeals to higher courts - county attorneys can start prosecuting under the law as of March 1.

About 175 people crowded the Feb. 12 meeting of the Society for Human Resource Management of Greater Tucson at the Arizona Inn to hear Abbe Goncharsky and Todd Hale, attorneys with Lewis and Roca, review the latest on the law.

"It is on its way to the 9^th Circuit Court of Appeals now, which is known as one of the most liberal courts, if not the most liberal court," Goncharsky said.

Even if that court should overturn the ruling, it likely won’t be the end of the case as appeals will continue, she said. There’s also a petition drive to get a ballot proposition that would be an even stricter law, taking away a business license after the first violation. The current law takes it away after two convictions of knowingly hiring an illegal.

Of particular concern, Hale said, is an interpretation by county attorneys that the new law applies to all employees - not just new employees - after Jan. 1, 2008. The predicament, said Hale, is that state law says businesses must use the federal E-Verify database to confirm employment eligibility but it must be done within three days after the date of hire.

There were also questions over whether employees need to be checked within three days of their hire date or the start of their employment, a distinction of concern to some businesses.