Panel OKs bill to bar punitive damages for illegal immigrants
February 16, 2011 8:17 PM
BY HOWARD FISCHER - CAPITOL MEDIA SERVICES

PHOENIX — A House panel on Wednesday approved legislation designed to benefit one man: Cochise rancher Roger Barnett.

The measure would spell out that anyone who is in this country illegally cannot collect punitive damages even after winning a lawsuit.

Voters already approved a constitutional amendment doing precisely that in 2006. But that came nearly two years too late for Barnett, who was sued following a 2004 incident when 16 illegal immigrants said the rancher illegally imprisoned them.

HB 2191 makes that ballot measure retroactive to the beginning of 2004.

If it survives the legislative process — and if it is found legal — the change could save Barnett $60,000, the amount of punitive damages four of the plaintiffs were awarded two years ago. Rep. Jim Weiers, R-Phoenix, said that's exactly what he has in mind.

Jaime Ferrant of the Border Action Network said the measure “sets a dangerous precedent.â€