County drops four sanctions cases
Pima acts in accord with changes in law on undocumented
By Daniel Scarpinato
ARIZONA DAILY STAR
Tucson, Arizona | Published: 05.20.2008

The Pima County Attorney's Office has dropped four open investigations into potential violations of Arizona's employer-sanctions law, following changes approved by the Legislature last month.
The cases, which are being referred to federal immigration authorities, dealt with possible undocumented workers hired before Jan. 1 — ones that no longer are covered by the law as a result of changes approved by the Legislature and signed by Gov. Janet Napolitano early this month and passed with enough votes to go into effect immediately.
"All of our complaints involved allegations of employees who had been hired prior to 2008, so it would not be covered under the current statute," said Dan Jurkowitz, deputy county attorney. "While we no longer have jurisdiction over the complaints, (Immigration and Customs Enforcement) does."
Under the original employer-sanction law that was approved by the Legislature in 2007, firms that knowingly hire undocumented workers face possible suspension of all state business licenses. On a second violation, they can be shut down entirely.
The law requires companies to confirm the immigration status of new employees through the federal government's E-Verify program, which validates Social Security numbers and work status.
But when Napolitano signed the law — said to be one of the toughest in the nation — she also called for changes. And although lawmakers intended for the bill, which took effect this year, not to be retroactive, there was no language specifying when someone needed to have started working.
In addition, this year's bill contained new protections for companies that take additional steps when screening prospective workers. And if a violation takes place at one location, but the company owns others, only that one location is affected.
Three of Pima County's four complaints were made in January, Jurkowitz said. The other was made in March. No new complaints have been made since.
In Maricopa County, like Pima, the change will affect how sheriff's deputies, who have been contracted by the county attorney there to enforce the law, handle cases, said Sheriff Joe Arpaio.
Arpaio, who has set up a hot line to take anonymous complaints, says his office has arrested seven illegal immigrants stemming from the tips — but in those four cases the employers were found not to be at fault. The employees have been charged with felony fraud.
"When we go in and do these civil investigations, sometimes we come up with other crimes by the employees," Arpaio said.
But Don Goldwater, a border-enforcement activist who is seeking to get a stricter employer-sanctions law on the ballot through the initiative process, says he thinks the counties can prosecute regardless of the law.
He calls the notion that they can't enforce federal immigration law "ludicrous."
"If that was the case, then the local prosecutors and sheriff's and police departments can't do anything about bank robbers, because that's federal law," he said.
Still, the change received broad support in the Legislature, with the majority of the opposition coming from those against the sanctions from the beginning.
Arpaio — who has been conducting controversial immigration sweeps in Maricopa County — said his office will be complying with the approved changes.
The law continues to face a legal challenge from business organizations. The 9th U.S. Circuit Court of Appeals is scheduled to hear arguments next month over the legalities of the law after a judge in Phoenix rejected their arguments.

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