Matthew Benson
The Arizona Republic
Jun. 4, 2006 12:00 AM


Will she or won't she?

Sign House Bill 2577, that is.

In an Arizona legislative session dominated by talk of illegal immigration, the border-crackdown measure has been the biggest prize. advertisement




It also has been the biggest cause for confusion and controversy and, likely, the biggest source of fodder for the upcoming campaigns for governor and the 90 legislative seats up for grabs in November.

A once-tough provision to penalize employers for knowingly hiring undocumented workers now is being criticized as a paper tiger. A plan to expand the state's trespassing law to hundreds of thousands of undocumented immigrants is expected to guarantee a veto by Democratic Gov. Janet Napolitano.

The GOP-supported-and-sponsored bill waits on Napolitano's desk. She has until Tuesday to act on it.

The bill, at 26 pages and a potential state cost of $160 million, is the subject of rampant rumor and speculation as critics and supporters weigh provisions that would, among other things, deem undocumented immigrants trespassers, boost state funding for local law enforcement to deal with border-related crime and create new penalties for those who hire undocumented workers.

Supporters have cast the bill as a comprehensive way to improve border security and reduce the incentives, whether employment or government services, that entice people to attempt to cross.

But critics say the bill is packed with problems, ranging from ineffectual employer sanctions to a trespassing provision unwanted by many local authorities. Napolitano is likely to cite those issues in explaining her decision.

The bill originally dealt entirely with employee sanctions and was so tough in its initial form that it drew opposition from business groups across Arizona. A version with much of its teeth removed passed the House and appeared ready to clear the Senate in April when lawmakers overhauled it.

The bill comes as interest in illegal immigration has reached a high this year. Arizona is at the center the national debate, with the state's porous southern border the most popular crossing point for migrants.

Republicans have long painted Napolitano as weak on border issues. Opinion polls indicate most Arizonans view illegal immigration as one of the top issues and, with an election looming, the GOP has ratcheted up the heat on the governor.

But timing also has worked against the GOP.

After years of inaction, the federal government may be on the verge of a border breakthrough. President Bush is advocating a multipronged plan to boost border security, create a guest-worker program and provide a path to citizenship for millions of undocumented immigrants.

The first deployment of 300 National Guard troops to the Arizona border was announced last week.

Whether she signs or vetoes House Bill 2577, there will be ramifications for Napolitano. With a veto, she risks being viewed as an obstructionist to border security. A signature could offend Latinos and liberal voters in her base of support.

Facing that dilemma, there's no doubt some in the GOP view the bill as a success already.

So the question for Napolitano remains: Will she or won't she?

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