6 I TUESDAY, APRIL 27, 2010 Ariz. immigration law sparks controversy By Jonathan J. Cooper ASSOCIATED PRESS WRITER PHOENIX The conflict over a sweeping crackdown on illegal immigra tion in Arizona intensified Monday as vandals smeared refried beans in the shape of swastikas on the state Capitol's windows. More protests were planned Monday after thousands gathered this weekend to demonstrate against a bill will make it a state crime to be an illegal immigrant in Arizona. Opponents say the law will lead to ram pant racial profiling and turn Arizona into a police state with provisions that require police to question people about their immigrant status if they suspect they are here illegally. Day laborers can be arrest ed for soliciting work if they are in the U.S. illegally, and police departments can be sued if they don't carry out the law. But supporters of the law set to take effect in late July or August. say it is nec essary to protect Arizonans from a litany of crimes committed by illegal immi grants. Arizona is home to an estimated 460,000 illegal immigrants. Gov. Jan Brewer, who signed the bill on Friday, argues Arizona must act because the federal government has failed to stop the steady stream of illegal immigrants and drugs that move through Arizona from Mexico. The fallout over the dispute spread across the border Monday as Mexican President Felipe Calderon said the law is discriminatory and warned relations with the U.S. border state will suffer. Calderon says trade and political ties with Arizona will be "seriously affected." although he announced no concrete measures. The law has revved up the national debate. drawing the attention of the Ross D Franklin 'Collegian Thousands of protesters rally in Mexico Cityl on Sunday. Activists called on President Barack Obama to fight,a tough new Arizona law targeting illegal immigrants. Wal-Mart implicated in suit The chain will face charges in paying women less than men for the same jobs. By Paul Elias ASSOCIATED PRESS WRITER SAN FRANCISCO A sharply divided federal appeals court on Monday exposed Wal-Mart Stores Inc. to billions of dollars in legal damages when it ruled a massive class action lawsuit alleging gender dis crimination over pay for female workers can go to trial. In its 6-5 ruling, the 9th Circuit U.S. Court of Appeals said the world's largest private employer will have to face charges that it pays women less than men for the same jobs and female employees receive fewer promotions and have to wait longer for those promotions than male counterparts. The retailer has fiercely fought the law suit since it was first filed by six women in federal court in San Francisco in 2001 and said it would appeal the decision to the U.S. Supreme Court. The ruling "opens up every company in America that has employees to class actions like this," said Theodore Boutrous, the company's lead lawyer on the largest gender bias class action in U.S. history. The appeals court upheld a lower court ruling allowing the lawsuit to go forward as a class action, which attorneys for the Wal-Mart employees said encompasses more than 1 million women. Wal-Mart dis putes that figure and asserts fewer than 500,000 women are covered by the deci sion Monday. Either way, the company could lose bil lions of dollars if it is found liable and required to fork over back pay to the affected women. The appeals court did order the trial court judge to reconsider two important issues would alter any potential pay out. U.S. District Court Judge Vaughn Walker in San Francisco was told to determine the appropiateness of punitive damages and whether former employees at the time of the 2001 filing of the lawsuit should be part of the class action. The case was transferred to Walker after the resignation of U.S. District Court Judge Martin Jenkins, who ruled against Wal- Mart on those two issues. Wal-Mart employs 1.4 million employ ees in the United States and 2.1 million workers in 8,000 stores worldwide, and argued the conventional rules of class action suits should not apply because each outlet operates as an independent '' ,4 •4; A. t 1 ( ) '.'s 4. 44 .,:':, NV ( ) .'i..i.'!.. "!::. Obama administration and Congress. Obama has called the new law "misguid ed" and instructed the Justice Department to examine it to see if it's legal. The new law makes it a crime under Iv state law to be in the coup illegally. Immigrants unable to pro uce docu ments showing they are allo dtobe in the U.S. could be arrested, jail d for up to six months and fined $2,500. Arizona officers would arrest people found to be undocumented and turn them over to federal immigration officers. Opponents said the federal government can block the law by refusing to accept them. Democratic Rep. Raul Grijalva asked the federal government not to cooperate when illegal immigrants are picked up by local police. State Sen. Russell Pearce, the Republican who sponsored the legislation, said it's "pretty disappointing" opponents would call on the federal government to refuse to coop erate with Arizona authorities. - It's outrageous that these people con tinue to support law breakers over law keepers," Pearce said Sunday. Grijalva and civil rights activists prom ised to march in the streets and invite arrest by refusing to comply with the law. Police said the protests Sunday were peaceful and there were no clashes. We're going to overturn this unjust and racist law, and then we're going to overturn the power structure that creat ed this unjust, racist law," Grijalva said. U.S. Rep. Luis Gutierrez, D-111., called on Obama to live up to a campaign prom ise to pass immigration reform. Gutierrez is one of the nation's loudest voices call ing for comprehensive immigration reform would create a pathway to citizen ship for the millions of illegal immigrants now in the United States. business. Since it doesn't have a compa nywide policy of discrimination, Wal-Mart argued women alleging gender bias should file individual lawsuits against individual stores. Finally, the retailer argued the lawsuit is simply too big to defend. 'Although the size of this class action is large, mere size does not reader a case unmanageable, - Judge Michael Daly Hawkins wrote for the majority court. which didn't address the merits of the lawsuit, leaving that for the trial court. Judge Sandra Ikuta wrote a blistering dissent, joined by four of her colleagues. "No court has ever certified a class like this one, until now. And with good rea son," Ikuta wrote. "In this case, six women who have worked in thirteen of Wal-Mart's 3,400 stores seek to represent every woman who has worked in those stores over the course of the last decade a class estimated in 2001 to include more than 1.5 million women.- Analysts said the ruling was a setback to Wal-Mart's campaign to improve its image with shoppers. The ruling was a "big black eye for Wal- Mart, and it's not going to heal anytime in the near future," said retail consultant Burt P Flickinger. Flickinger said the rul ing could turn off women shoppers the company's critical base at a time it faces increased pressure from a host of competitors, ranging from Kroger to J.C. Penney. Wal-Mart's fourth-quarter results, announced in February, showed total sales at its U.S. Walmart stores fell for the first time since the company went public in 1969. The company also reported its third consecutive quarter of declines in sales at stores opened at least a year. Sales at stores opened at least a year are consid ered a key indicator of a retailer's health. Wal-Mart officials sought to focus on the few portions of the 95-page ruling went its way, including the possible trimming of the number of women who stand to col lect damages if Wal-Mart is found liable. The appeals court ordered the trial judge to determine whether the lawsuit should date to all workers as of 1998, as alleged in the complaint, or to 2001 when it was filed. The appeals court also told the trial judge to reconsider the appropriateness of awarding punitive damages, which are awarded above actual damages to punish the accused for bad behavior. Wal-Mart's top lawyer Jeff Gearhart said the company disagreed with the rul ing and was considering its next step, which could include an appeal to the U.S. Supreme Court. Ross D. Franklin/Collegian A protester holds the Mexican flag while wearing the American flag as he stands to take in the scene at the Arizona capitol building after the signing of immigration bill SBIO7O into law. Mexican president condemns crackdown By Alexandra Olson ASSOCIATED PRESS APP: MEXICO CITY -- Mexican I 'reldent Felipe Calderon on Monday condemned Arizona's tough new immigration law as dis criminatory and warned relations with th e U.S. border state will suffer. The measure, which will make it a crime under state law to be an illegal "opens the door to intolerance. hate. dis crimination and abuse in law eilloreent(‘lii. Calderon said. Calderon said he instructed the Relations Department to double ILA culos to protect the rights of Mexican In int_ i iii the United States and seek help try ,in lawyers and immigration experts "Nobody can sit around with their tirm , crossed in the face of decisions that '.n clear ly affect our countrymen. - Calderon said th a speech at the Institute for I\ ItAit_;ins Abroad. The Arizona law restored immigration the forefront of U.S.-Mexico' had largely been focused on deeper co, Tel ation in the drug war. The law, set to take effect in title int\ air August, will require police to quo pcu ple about their immigration it they suspect they are there illegally. Day ILibor ers can be arrested for solicitirw work it they are in the U.S. illegally and p lice departments can be sued if they donit carry out the law. The chief of the Organization of American States also criticized the legislation "We consider the bill clearly discriminato ry against immigrants, and especially agairist immigrants from Latin America," Jose Miguel Insulza said during a visit to El Salvador. Calderon said trade and politic,l ties kith Arizona will be "seriously alleti although he announced no concrete meas ures. Collegian Presents The Collegian Chronicles: Hundreds of pages of Jim. sports, history and photos of Penn State. 11 :' 4 ! 7 ":' The Chronicles is a lively look hack at the history of Penn State as seen through the pares ol The Daily Collegian from 1887 on. We cover national championships, the Reisman Trophy, panty raids, campus unrest and e\ erythint2 in between. Come along for the ride and help Support Collegian scholarships! Find The Collegian Chronicles at All proceeds go to the Collegian Alumni Interest Group Scholarship Fund. 101 E. Beaver Ave. 814-234-1415 ~ , 1 SWEE P Looking for a truly unique gift? Check out The Collegian Chronicles! Old State Clothing Co Only $19.99 OLDSTATE.COM OLD STATE CLOTHING CO THE DAILY COLLEGIAN Mexican politicians, church leaders and ailler have criticized Calderon for not tak in a tougher stance against the law Some Mexican legislators have urged a trade boycott against Arizona, and several called the federal government's response lukewarm. In Congress. we support any trade and transport boycott necessary to reverse this \k. • said Oscar Martin Arce, a lawmaker Iron: the president's National Action Party. Alexico is Arizona's largest foreign mar ket. The U.S. state sent $4.5 billion in exports to Mexico in 2009 nearly a third of its total exports, according to the U.S. International Trade Administration. .1 mires Ibarra. president of the chamber H commerce in Nogales, a Mexican city across the border from Nogales, Arizona, eto he doubted the government would ) , :k , a formal trade boycott, saying it ,tome hurt Mexico most. Even so. he warned the immigration law mild harm Arizona economically. Ibarra said the U.S. state depends heavily on cheap labor from Mexican immigrants and any surge in deportations would make the state competitive. Arizona is home to an esti .lla 460.00 n illegal immigrants. It regrettable. I think this was a hasty decision that did not consider the conse quences. not only for Mexicans and undocu mented people from other countries, but also tor the Arizona economy," Ibarra said. Immigrants. as everyone knows, do the mil: that Americans don't want to do. This campaign is completely based on ra: ism It's a xenophobic campaign," he added. Calderon said he would raise his con- Curtis with President Barack Obama and - .S lawmakers during a visit to Washington in May. Obama has called the Arizona law mis 2,Mcled and instructed the U.S. Justice Department to examine it to see if it's legal. PS" -1S .., 1 '• 11
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