Thread: Knowingly taking fake ID would yield felony count

These anti-illegals may need support.

http://www.azstarnet.com/business/207931

Excellent story. For those who hate links to get the beef, here is the article:

Tucson, Arizona | Published: 10.24.2007
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PHOENIX — Buffeted by criticism, the architect of an alternative plan to penalize employers for hiring illegal immigrants has revised his proposal.
The new version of the initiative, filed Tuesday, still provides businesses with absolute immunity from charges of hiring illegal entrants if they check the legal status of new employees through the federal government's E-Verify program.
But Andrew Pacheco added a new provision that would make it a felony for an employer to knowingly accept false identification. He said the provision ensures that someone is punished, even if the company itself is allowed to remain in business.
The revised initiative also spells out that firms that knowingly employ people here illegally could lose not only state-issued licenses, such as those given to bars and contractors, but also any other state authorization to stay in business.
That specifically includes articles of incorporation and the state license to collect sales taxes — items covered by the law approved earlier this year by the Legislature.
Pacheco, who used that new law as a template, said it wasn't his intent to narrow the scope of punishment. He said that, as an attorney, he believes that language is legally unnecessary.
But he conceded that a court interpreting the initiative might conclude that by altering the legislative version, he intended to bar the state from taking away incorporation or sales-tax collection authority.
Pacheco said he is pushing the initiative because he believes the legislation approved by lawmakers is not fair.
That law allows a judge to suspend a company's state licenses and authority to do business for 10 days if it is found guilty of knowingly hiring an illegal immigrant. A second offense within three years puts the firm out of business.
It requires firms to use the E-Verify system to check the legal status of new workers and provides a "rebuttable presumption" that an employer who has used E-Verify is not breaking the law.
Pacheco's measure, originally filed a week ago, includes the same potential punishments. But it says a company that uses the federal database would be totally immune from prosecution.
Another initiative drive, being spearheaded by Republican former gubernatorial candidate Don Goldwater, actually is tougher than what the Legislature approved: It would put a firm out of business for a single conviction of knowingly hiring illegal entrants.
Each initiative would need to be supported by at least 153,365 petition signatures to be placed on the ballot. The one with the most voter support would supercede the law approved by the Legislature. .

Moving from Other Topics to news.