Published: 03.24.2007

Employers, entrants targeted in 2 initiatives
By Howard Fischer
CAPITOL MEDIA SERVICES
ON THE NET
Backers of two proposed immigration-related ballot initiatives have already opened Web sites in support of the measures.
legalarizonaworkers.com explains the employer sanctions measure.
supportourlawenforcement.com explains the illegal-immigrant trespassing measure.
PHOENIX — A state lawmaker and others active in border issues plan to ask voters to punish employers who knowingly hire undocumented workers and force police to question people they stop about whether they're here legally.
Although there is already an employer-sanctions bill pending in the Legislature, with an uncertain legislative future and potential for a veto, Rep. Russell Pearce, R-Mesa, and a group of like minds have decided to take their case directly to the people.
The first initiative would yank any state licenses of companies found guilty even once of filing a false statement that they do not knowingly employ undocumented workers. That is even stricter than a "three strikes and you're out" measure approved by the House but facing an uncertain future in the Senate.
A second would allow individuals in Arizona in violation of federal immigration law to be prosecuted as trespassers under state law. Potentially more significant, it would require police to ask about the immigration status of anyone with whom they come in contact.
A "trespass" bill was approved last year but vetoed by Gov. Janet Napolitano. A similar bill this year didn't even make it out of committee. And efforts to end what Pearce has called "sanctuary policies" have been blocked.
Backers filed the legal papers to start the petition drive Friday. They have until July 3, 2008, to get at least 153,365 valid signatures on each to put the measures on the 2008 ballot.
Pearce said signature gathering needs to start now because he doubts colleagues will approve meaningful employer sanctions — or even anything at all.
"I don't have a level of confidence in the Legislature," he said. "I wish I had."
And Pearce said that even if the Republican-controlled Legislature passes a bill, the only way the governor would sign it is if it had no real teeth.
"I'm going to make sure the voters have the last say," he said.
The first measure is being dubbed Legal Arizona Workers, or LAW. Like the pending House bill, it would require employers to certify that, to the best of their knowledge, all their workers are in this country legally.
It also would mandate that companies run the names of all new workers through a federal database designed to verify their right to work here. That provision actually mirrors a separate proposal by House Democrats that already was defeated.
Jessica Pacheco, lobbyist for the Arizona Chamber of Commerce and Industry, has been working to kill any employer sanctions bill at the Capitol. "We think it's a federal issue," she said, and should be addressed by Congress.
Pacheco sidestepped commenting on whether her success at the Legislature would lead to an initiative with more-onerous provisions for businesses. Once immigration measures appear on the ballot, voters have consistently approved them.
Chris Simcox, state director of the Minuteman Civil Defense Corps, who also is behind the initiative, said companies should support the plan.
"This means that if you're doing business in Arizona that there is a level playing field," he said. "It should entice more businesses to come to Arizona because you know in Arizona … that all of the businesses have pledged to play by the rules."
The other measure, called Support Our Law Enforcement, would overrule policies in some cities that bar police officers from routinely asking about the legal status of those with whom they come in contact. That includes not only people stopped for routine traffic violations but also victims and witnesses.
"We want to make it mandatory that, in your daily duties, every traffic stop, every encounter that you have with anyone, that you will then check the documents of that person, make sure and ask questions about their immigration status," he said.
Some police departments say they don't do that because it will deter people from reporting crimes or coming forward as witnesses. Simcox said he is unconcerned.
"The law is the law and their job is to enforce the law," he said. And Simcox said that by dealing with "small crime" the state will deter more significant violations.
While there will be expenses in enforcing both measures, Simcox said he is unconcerned.
"Ultimately it will pay benefits in the end," he said. "Our schools will save money, our health care and hospitals, the savings will pay off."
Others involved in the initiatives include Donna Neil, director of NAILEM — Neighborhood Activists Inter-Linked Empowerment Movement — a Phoenix-based group to protect neighborhoods; former Douglas Mayor Albert Rodriguez, who now heads a group called You Don' t Speak for Me; former state Rep. Randy Graf; car dealer Rusty Childress, who was instrumental in pushing the anti-illegal-immigrant Proposition 200 in 2004; and unsuccessful gubernatorial hopeful Don Goldwater.
ON THE NET
Backers of two proposed immigration-related ballot initiatives have already opened Web sites in support of the measures.
legalarizonaworkers.com explains the employer sanctions measure.
supportourlawenforcement.com explains the illegal-immigrant trespassing measure.
On StarNet: Find more border and immigration news at azstarnet.com
http://www.azstarnet.com/sn/printDS/175087