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Business groups push to keep immigration sanctions at bay
Mike Sunnucks
The Business Journal
The business lobby has a full court press on at the state Capitol to declaw proposed sanctions and new state fines against employers who unlawfully hire illegal immigrants.

Those efforts to take the tiger out of sanctions proposals are garnering the business community plenty of criticism from those who support tougher enforcement and state fines for the employers of illegal immigrants.

Conservative Republicans, liberal Democrats and Gov. Janet Napolitano support employer sanctions in light of public frustrations with illegal immigration. There are proposals at the Legislature requiring employers to verify the immigration and eligibility status of workers or face fines and other penalties. It is a violation of federal law to hire an illegal immigrant and public opinion polls show strong support for penalizing businesses that hire illegals.

Napolitano and state Attorney Terry Goddard support a bill put forward by state Sen. Bill Brotherton, D-Phoenix, that would fine employers who hire illegals, or fail to verify the status of workers, as much as $5,000 per infraction

Another measure put forward by state Rep. Russell Pearce, R-Mesa, would also result in the loss of business licenses and state charters for employers who habitually hire illegals.

Business groups and their lobbyists are fighting hard to take the bite out the proposed sanctions, worrying the verification requirements will stall hiring in the state and some of the proposed penalties are too harsh.

They instead support less-stringent plans -- including one from Senate Commerce Committee chair Barbara Leff, R-Paradise Valley,

That business-backed plan fines employers who "knowingly and intentionally" hire illegals but lets businesses off the hook from possible fines if they have protocols and processes set up to follow immigration laws.

Napolitano said Wednesday that business efforts to water down sanctions measures are a concern. The Democratic governor said she wants to see employment verification systems and sanctions that are tough, practical and realistic.

Business advocates -- including the Arizona Chamber of Commerce & Industry and other groups -- contend federal employment verification systems are not ready for a high volume of requests if new state regulations are put in place.

"Business organizations agree that there should be sanctions for companies that knowingly hire undocumented immigrants," said Mary Ann Miller, president and chief executive of the Tempe Chamber of Commerce. "The problem is that there is no reliable, timely system to verify the status of prospective employees. Were some of the prospective bills made into law, it would basically shut down hiring in the state," Miller said.

Business opposition frustrates and the political left and right, who want to see the employer side of the illegal immigration equation also addressed, along with border security and other facets of the contentious issue.

There are an estimated 11 million illegal immigrants in the U.S -- 500,000 of which are in Arizona. Undocumented labor is prevalent in several industries key to the Southwestern and Arizona economies, including construction, restaurants, hospitality and agriculture.

Some conservatives are upset with the business opposition to employer sanctions and support of a guest worker program to document foreign workers. The U.S. and Arizona chambers of commerce are among the backers of a federal guest, or temporary, worker plan.

Democrats at the Arizona Legislature are frustrated that the business community only seems to take interest in state immigration matters when the sanctions question arises.

"I haven't seen them doing much in terms of immigration issues until we talk about the employer sanctions issue and then they become very animated," said state Rep. Tom Prezelski, a Tucson Democrat.

Prezelski said Democrats at the state assembly are frustrated that the business sector tends to side with the GOP on most issues and only comes to the left side of the aisle on immigration.

Prezelski and Brotherton also contend that employer side of the immigrant labor question also needs to be addressed along with other portions of the border debate.

Arizona and Valley business groups have been hesitant to get involved in the contentious immigration battles at the state Capitol and in Washington, D.C.

The state chamber and the Arizona Farm Bureau Federation have been exceptions to that rule, opposing a 2004 ballot question that denies state welfare benefits to illegals, and supporting a guest worker plan put forward by U.S. Sens. John McCain, R-Ariz., and Edward Kennedy, D-Mass., and East Valley Congressman Jeff Flake.

But other state and local business interests were very late to oppose 2004's Proposition 200, which easily passed, and have steered clear of the federal debate, leaving it to national groups such as the U.S. Chamber of Commerce.

Prezelski said he is not sure if a sanctions bill will pass the Legislature this year -- let alone one with any teeth.

Mike Gardner, a business lobbyist with the Triadvocates public affairs firm, disagrees and expects sanctions to be approved this year.