http://www.chron.com/disp/story.mpl/ap/fn/4832634.html
May 24, 2007, 10:33AM

Ariz. Senate OKs Illegal Hiring Bill


By JACQUES BILLEAUD Associated Press Writer
© 2007 The Associated Press


PHOENIX — The Arizona Senate approved a bill Wednesday that would prohibit employers from knowingly hiring illegal immigrants and require businesses to use a federal database to check the employment eligibility of workers.

Several senators said they voted to have the state confront such hirings because the federal government has failed to adequately enforce a federal law that already prohibits employers from intentionally hiring illegal immigrants.

"Our federal government has deserted us," said Republican Sen. Jay Tibshraeny of Chandler, who voted for the bill.

Immigration hard-liners said employer sanctions were needed because businesses who hire illegal immigrants are fueling Arizona's vast border woes.

Many businesses oppose state-imposed employer sanctions, arguing the problem is best left up to the federal government and that immigrants play a key role in filling labor needs in agriculture, construction and the service industry.

Illegal immigrants account for one in 10 workers in Arizona, according to the Pew Hispanic Center. Arizona is one of at least nine states that have considered employer sanctions this year.

Until Wednesday's vote, the Arizona bill had sat dormant for nearly two months as lawmakers argued over approaches for cracking down on illegal hirings.

The proposal, which cleared the Senate on a 23-4 vote, was expected to head to a special committee to iron out differences between versions approved by the House and Senate.

Senators threw out the House's requirement that businesses sign affidavits saying they aren't knowingly hiring illegal immigrants. It was removed amid complaints that the provision would have assumed that all employers had already broken the rules.

Republican Rep. Russell Pearce of Mesa, sponsor of the bill, said he will insist during negotiations that the penalties be toughened.

Under the latest version, employers who make intentional illegal hirings would face a business license suspension if they fail to notify the state within three days that they have fired the illegal workers and won't hire such workers again. A second violation would bring a mandatory permanent revocation of business licenses.

Pearce said he also will insist that the rules take effect later this year, rather than in March 2008.

Pearce is a leader in an effort to ask voters next year to enact a similar proposal and has threatened to bring his measure to the ballot if the Legislature fails to pass tough employer sanctions.

"What I'm not going to do is to set up a bill that has any appearance of some kind of employer amnesty," Pearce said. "There has to be sanctions."

Democratic Sen. Jorge Luis Garcia of Tucson, an opponent of the bill, said the proposal was unfair because it treats employers more favorably than the illegal immigrants who work for the businesses.

An illegal immigrant who steals a person's identity for the purpose of meeting work eligibility requirements could face up to seven years in prison, while no criminal penalties would be imposed against employers who take advantage of illegal labor, Garcia said.

"Do we really want to send someone to prison for seven years who has worked here illegally?" Garcia said.

Republican Sen. Bob Burns of Peoria, who voted for the proposal, said federal law prevents states from imposing civil or criminal penalties against those who knowingly hire illegal immigrants.

The proposal would give a measure of legal protection to employers who can prove they verified the eligibility of their workers through the database of government records.

Last year, a wide-ranging immigration bill that included employer sanctions was vetoed by Democratic Gov. Janet Napolitano, who had said it would have given amnesty to employers because businesses that heed warnings to stop illegal hirings could continue operating as if nothing happened.