Immigration law enforcement funds to be cut

by Craig Harris -
Jan. 14, 2010 12:00 AM
The Arizona Republic .

Two Arizona legislators say money earmarked for enforcement of the state's 2-year-old employer-sanctions law will be drastically cut for fiscal 2010.

As budget discussions resume at the Capitol, Senate Appropriations Chairman Russell Pearce and House Appropriations Chairman John Kavanagh said Wednesday that Maricopa County's amount will be cut in half and Arizona's other 14 counties will receive no money.

These cuts come in the wake of an Arizona Republic investigation in November that found at least $1.44 million in enforcement funds was sitting idle as prosecutors from nine counties said the money was not spent because there have been so few complaints about employers violating the law.
Maricopa County is now the only county in Arizona scheduled to receive state employer-sanction funds this fiscal year. The previous two years, the state distributed $2.43 million annually to all 15 counties, with larger ones getting more money.

Maricopa County will receive $715,000 this fiscal year.

Pearce, who authored the employer-sanctions law, said other counties have not spent their previous allocations and don't need more money.

"This is the best (employer-sanctions) law in the nation, and I want it enforced," said Pearce, a former high-ranking Maricopa County Sheriff's Office employee.

Pearce said funding for Maricopa County this fiscal year, which ends June 30, was cut in half from $1.43 million because of the state's budget problems. Arizona is facing a $4.5 billion deficit for the remainder of this fiscal year and next.

In Maricopa County, the money is shared between County Attorney Andrew Thomas and Sheriff Joe Arpaio. The sheriff said Wednesday he understands why the state had to reduce funding, and that up to two deputies assigned to employer-sanctions investigations may be transferred to another department.

"We will still arrest those in the workplace illegally," Arpaio said. "We will still enforce the law."

Calls to Thomas were not returned.

The overall reduction in funds, however, may be short term.

Kavanagh, a former police officer in New Jersey and New York, said if other counties aren't going to spend their money, then perhaps all $2.43 million should go to Maricopa County in the upcoming fiscal year.

The two budget writers said the money spent on enforcing employer sanctions cuts down on illegal immigration, which saves the state money in education, health-care and law-enforcement costs.

House Assistant Democratic Leader Kyrsten Sinema said no data has been produced to show whether the employer-sanctions law has saved the state money. And, she said, the money could be better used for schools or health care.

"It's a boondoggle," Sinema said. "In this kind of financial crisis, we cannot engage in this."

The law went into effect Jan. 1, 2008, and it allows county attorneys to file civil lawsuits against employers who knowingly or intentionally hire illegal workers. Employers caught breaking the law can have their business licenses suspended or revoked.

In December, Waterworld, a now-defunct water park in northeast Phoenix, became the first business to be punished under the law. The park had its business license suspended for 10 days. The punishment, however, won't take effect unless the company starts doing business again.

Thomas has interpreted the law to use state funds for "any immigration-related matter" and money has been spent to prosecute human-smuggling, kidnapping and weapons violations involving illegal immigration.

Thomas has used the money to fund 10 staff members, including seven attorneys.

Arpaio has used the funds to pay the salaries of six deputies and a sergeant and for leased vehicles for them to drive back and forth to work.

The Sheriff's Office has made hundreds of arrests, mostly for identity theft and forgery.

All other county attorneys have interpreted the law differently. They believe the money only could be used to enforce the employer-sanctions law.

http://www.azcentral.com/news/articles/ ... s0114.html