Thread: House Bill takes effect Jan. 2008

House Bill takes effect Jan. 2008

By Zach Colick, Independent Newspapers
Should state government have the right to require employers become immigration investigators and enforcement officers?

Some believe that should not be the case and said last week enforcement on immigration policies should be administered at the federal level, not the state level.

With the signing of House Bill 2779 by Gov. Janet Napolitano earlier this month, Arizona will be the first state to enact a workforce verification bill, effective Jan. 1, 2008.

All statewide employers will be required to verify the legal status of those applying for employment and will be punished if they intentionally or knowingly hire illegal immigrants.

The first offense would cause the suspension of a business license for 10 days, while a second offense would cause the business to shut down permanently.

That has caused the Arizona Contractors Association, which represents 300 statewide firms, to file a lawsuit, claiming state government should not become immigration officers.

The lawsuit is not seeking any fiscal damages, but rather attempts to acknowledge that state legislators have stepped on the U.S. Constitution by adopting and passing HB 2779.

Additionally, the bill does not provide due process or any extenuating circumstances to business owners who unknowingly hire illegal immigrants, said David Jones, president and CEO of the Arizona Contractors Association, 3030 N. Third St., Suite 940, Phoenix.

Mr. Jones said Congress should have the sole discretion over naturalization topics.

"We’re all frustrated with Congress's inability to perform and do its job. But I assure your readers this: If they believe this law is going to protect their borders and stop immigration, it will not," he said. "It just creates an additional burden on businesses."

Mr. Jones said the lawsuit is not meant to go after lawmakers, but rather to investigate whether states should have such enforcement powers. The former Indiana state representative added HB 2779 will have little to no impact on the real issues and concerns facing Americans.

"It is nothing but window dressing that politicians want you to believe to make you feel like they accomplished something while in office," he said.

HB 2779 relies on the Basic Pilot Program, administered by the U.S. Citizenship and Immigration Services, which employers use to verify citizenship of newly hired employees.

"Until we have some kind of biometric identification system or guest worker program, why are we putting our businesses in the crosshairs and pointing the finger at them saying they're the problem?" Mr. Jones said.

David Lewis, president of the Northwest Valley Chamber of Commerce, also said the verification system has its flaws because it is not a comprehensive database and noted it would be difficult for businesses to enforce the law on a state by state basis.

Mr. Lewis said the penalties for HB 2779, which he does not think will set out what it hopes to accomplish, are too severe and is stacked against businesses to comply.

"Unfortunately, this is an unfair proposition because businesses do not have the tools to make sure they are in compliance with the law," he said.

Still, Mr. Lewis said if Hispanic workers have documentation and are here legally, they -- and business owners -- should not have anything to worry about.

The chamber president went on to say the house bill could work in a discriminatory fashion against legal Hispanic workers who may be looking for employment opportunities after Jan. 1.

Business owners may not want to take a chance in hiring them if they suspect their paperwork is counterfeit, he said.

Conversely, Mr. Lewis said such a decision could also impact the housing, tourism, and food and beverage industries that market to and rely on Hispanic workers for positions they need to fill.

"That could provide a disincentive for (businesses) if they're not willing to take that chance," he said. "It could put a severe damper on communities."

Large employers in the Sun Cities said they already have measures in place to safeguard themselves from hiring illegal immigrant workers and believe not much will change come Jan. 1.

Gov. Napolitano has said the health care sector, especially hospitals, would be the most vulnerable should they unknowingly hire illegal immigrants.

But Sun Health officials said they are doing everything in their power to comply with state hiring laws.

"No employer wants to overlook something and make an unintended mistake and be penalized for it," said Frank Cummins, vice president of human resources for Sun Health. "But obviously that would be a concern for any employer."

Sun Health employs 4,026 employees at its two hospitals, Boswell Memorial Hospital, 10401 W. Thunderbird Road, Sun City, and Del E. Webb Memorial Hospital, 14502 W. Meeker Blvd., Sun City West., as well as at the corporate level, said Keith Dines, Sun Health's executive vice president for strategic development.

Mr. Cummins noted Hispanics make up a "large percentage" of those workers, though he could not provide specific numbers.

The Recreation Centers of Sun City said in a brief statement they already have a strict background check process for new hires.

A background check is performed on all new employees and the corporation requires documented proof of the right to work in the U.S. (I-9 form), said Lindsay Frost, RCSC communications coordinator.

"Of course, RCSC will comply with any requirements related to the new legislation," Ms. Frost said.

Local government and law enforcement also weighed in on HB 2779.

Youngtown Mayor Michael LeVault said, in spirit, he is in favor of the house bill, although he believes it will be difficult for employers to get timely verification on employees.

Mr. LeVault added he is skeptical of how it could be enforced as he believes an "efficient government" is an oxymoron.

"Government, almost by its very nature, does not do a very efficient job in most things," he said.

The mayor also noted the immigration issue should have been addressed at the federal level some time ago.

"I'm in favor of legal immigration as all of us were products of immigration at some point," he said.

The issue of illegal immigration always stirs controversy and the "Toughest Sheriff in America" is no stranger to speaking his mind.

Maricopa County Sheriff Joe Arpaio spoke at a July 6 Sunland Village East breakfast in East Mesa and told the audience that HB 2779 was flawed.

“I don’t give much faith that that’s going to work,â€

notice only the contractors are crying.. that;s because they know their day labor spots are being watched and that they WILL be reported and lose their license.

Janet Napolitano,




...Or you just look like one!

Originally Posted by dragons5

notice only the contractors are crying.. that;s because they know their day labor spots are being watched and that they WILL be reported and lose their license.

As it should be.....

Should state government have the right to require employers become immigration investigators and enforcement officers?

It's not employeers responisbility to screen employees? What a load.

Ok then, the perverts can line-up for jobs in schools and daycares because some fool believes it's not the responsibility of the employers!

Drunk drivers can work for trucking companies because it's not the employer's responsibility to investigate.

No college degree, no problem just go to the hospital and become a doctor becuase it's not the employer's responsiblity to follow up on your documentation.

These same people that are saying it's not their responsibility are the same ones that will be lined-up to sue, if they decide the employer was irresponsible. Make up your mind wackos! You can't have it both ways!

That's just a load of manure.

Dixie

Originally Posted by Dixie

Should state government have the right to require employers become immigration investigators and enforcement officers?

It's not employeers responisbility to screen employees? What a load.

Ok then, the perverts can line-up for jobs in schools and daycares because some fool believes it's not the responsibility of the employers!

Drunk drivers can work for trucking companies because it's not the employer's responsibility to investigate.

No college degree, no problem just go to the hospital and become a doctor becuase it's not the employer's responsiblity to follow up on your documentation.

These same people that are saying it's not their responsibility are the same ones that will be lined-up to sue, if they decide the employer was irresponsible. Make up your mind wackos! You can't have it both ways!

That's just a load of manure.

Dixie

DITTO

[quote]“We should not kill people just because they’re illegal,â€

[quote="MW"][quote]“We should not kill people just because they’re illegal,â€