Posted on 04/24/2009 12:38:19 PM PDT by HiJinx
PHOENIX — A member of Arizona’s congressional delegation is moving to strip the state of its ability to put companies that knowingly hire undocumented workers out of business.
U.S. Rep. Gabrielle Giffords, a Democrat who represents much of Southern Arizona, called the state’s 15-month-old employer sanctions law “burdensome” on businesses. And she claimed Thursday that only 15 percent of Arizona companies actually are using the federal E-Verify system, mandated under the state law, which allows them to determine electronically if people they hire are in this country legally.
But the president of the Arizona Chamber of Commerce and Industry, whose group sued more than a year ago to have the state law voided, said Thursday most of the fears have not materialized.
Glenn Hamer said he would prefer no state penalties. But Hamer said the threat of having business operations suspended or terminated has been balanced by the online checks of new workers: Any company that uses E-Verify has an “affirmative defense” against being convicted of breaking the Arizona law.
And state Sen. Russell Pearce, R-Mesa, who crafted the law, said Giffords — and anyone else in Congress backing the federal measure — backs “amnesty” for illegal immigrants.
“These are folks that are so dishonest, so pro-open border, so pro-illegal alien that they ignore the damage to America,” he said. “They’re doing anything they can, for whatever group is moving them, to open these borders and stop enforcement.”
Giffords’ estimate of the low use of E-Verify also is in question.
Marie Sebrechts with U.S. Citizenship and Immigration Services, said there are currently more than 30,300 Arizona companies signed up to use the system her organization operates. That is out of about 100,000 Arizona firms with employees.
But Sebrechts said even that 30 percent figure is misleading: Companies can use E-Verify only to check new employees and not those already on the payroll. Firms that have not hired anyone since the beginning of 2008 have no need to sign up.
The basic bill Giffords is co-sponsoring with Rep. Sam Johnson, R-Texas, scraps the E-Verify system in favor of alternate online systems for employers to determine if employees are legally entitled to work here.
Giffords said the new systems have built-in advantages, including making it harder for someone to get employment by stealing another person’s identification. It also requires all employers to use one of the new systems.
But it also pre-empts any state laws dealing with hiring of undocumented workers, effectively voiding what the Republican-controlled Legislature enacted and Janet Napolitano, the Democratic governor at the time, signed into law.
Under both current federal law and this proposal, the federal government has the sole right to impose civil and criminal penalties on firms that hire undocumented workers. But existing law allows state and local governments to take away business licenses of firms that hire undocumented workers.
Pearce built the Arizona law on that exemption.
He said federal agencies have been lax in going after employers and more seemingly content to conduct a few high-profile raids and cart off illegal immigrants. Pearce also said fines are insufficient to deter companies from trying to save money by hiring undocumented workers.
Under the state law, a first conviction of knowingly hiring illegal immigrants allows a judge to suspend any business licenses for up to 10 days; a second violation within three years puts the firm out of business.
Giffords said her legislation is preferable, saying not a single Arizona firm has been put out of business since it took effect.
Pearce acknowledged that fact. But he said it has led to investigations that have found undocumented workers, even if prosecutors have been unable to make a case that the company knowingly broke the law.
And Pearce said the law has a deterrent effect, with companies that want to hire undocumented workers “heading to places that have a red carpet out,” places with no state statutes against hiring those not here legally.
Hamer had his own theory: Enactment of the Arizona law forced businesses not only to use E-Verify but also put up signs warning job applicants their legal status would be checked. That, he said, has resulted in fewer undocumented workers being employed.
Giffords, however, said immigration is a federal issue.
“It is wrong for us to be asking for states or local municipalities to be doing federal immigration work,” she said. “They don’t have the resources, they don’t have the training and they don’t have the jurisdiction.”
Nothing in the Arizona law, however, prevents federal investigations.
Hamer said there appears to be a good balance between the law — and its possible punishments — and the E-Verify system.
“For all practical purposes, if you’re an Arizona business and you’re properly using E-Verify, the odds of being prosecuted are very slim,” he said. “And the odds of conviction ... are quite, quite low.”
The lawsuit filed in 2007 by the Chamber and allies alleged the Arizona statute was an illegal infringement by the state into an area of exclusive federal control.
But a trial judge ruled — and a federal appellate court agreed —that Congress specifically allowed states to enact exactly the kind of laws that Arizona has passed — and to impose — the kind of penalties the state law allows.
The judges also rejected the contention that state lawmakers acted illegally in requiring employers to check the immigration status of all new workers through E-Verify.
Ping!
Seems to me it’s “burdensome” on businesses to pay taxes as well. Is she going to demand that be changed as well?
The district had been Republican for decades since Mo Udall retired, even if it was Jim "Kneepads" Kolbe.
But the Bush family hated clean cut, all American Randy so much, they used the RNC to undercut him.
Anyone here familiar with the race can attest to it.
Another border busting tax and spend politcian-criminal in need of tar and feathers.
Oh, well I remember. I worked to help Randy as much as I could - but to no avail.
Another reason not to ever buy a car from Jim Click - he is a filthy RINO and elitist that also undercut Randy.
In the end we get what we deserve... I just hope that those that voted for this political trash get a little bit of the illegal hell and chaos that they are imposing on the rest of us.
Actually, implementation of the original law was delayed and finally modified by subsequent legislation.
I think they actually believe they can retreat to the gated communities and hide.
They never ask themselves how the Mexican Billionaires actually do that: by hiring private armies and being first to shoot.
And they also haven't stopped to ask themselves...what happens when Los Inmigrantes get the vote, as they most certainly will. The answer is, they will vote in people who will confiscate as much as they can to give it to their clients, and pocket a fair amount themselves. Kinda like what's already happening....
Lenin said the Capitalists would sell him the rope.
I was quoting the article...
I dislike Gabby as much as many, but two co-sponsors are Brian Bilbray and Heath Shuler. The former at least might indicate that this isn’t a complete open borders bill. Is there something that’s being missed?
Probably - the full requirement of the proposed Federal legislation isn't given in this article. I'd actually suggest that the idea here is to consolidate power at the Federal level rather than allowing a state to do the right thing.
She’ll be re-elected comfortably. The GOP will attack any conservative who runs here, both during the primary AND during the general election.
It is tough enough to beat an incumbent. It is a lot harder when your party fights for the other side.
Bitter in Vail...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.