Thread: Gov. downplays criticism, worry about employer sanctions law

Published: 07.18.2007

Gov. downplays criticism, worry about employer sanctions law
By Howard Fischer
CAPITOL MEDIA SERVICES
PHOENIX -- Gov. Janet Napolitano is brushing aside complaints by some businesses of financial ruin if a new employer sanctions law takes effect.

"There's a lot of predictions of doom and gloom," the governor said Wednesday. But Napolitano said she does share all of those concerns.

She also said if there are problems they can be fixed. In fact, she already has a list of changes she believes the Legislature should make before the law takes effect Jan. 1.

The governor also sought to downplay the criticism she is getting for signing the law. Most recently a group organized as Wake Up Arizona! said the flaws in the measure are so obvious that she should have vetoed it.

But Napolitano said it would be wrong to intimate her decision to sign the bill has put her at odds with the entire business community.

"There are others who have been in contact with my office who have said we want the bill because we feel like we've been having to compete unfairly with those who are hiring illegally," she said.

The new law says a business license can be suspended for up to 10 days if a company knowingly hires just one undocumented worker. A second violation within three years puts the firm out of business.

Foes have questioned the idea of making businesses responsible for what they see as the failure of the federal government to secure the border. But they also foresee more practical problems.

One is that a company's human resource officer, acting alone, could decide to hire someone not in this country legally. That would put everyone at the firm out of work at least temporarily -- if not permanently.

"They're making the arguments," she said. "But they need to be making those arguments to the Legislature."

And what of her own role in signing the law?

"We're going to be implementing or monitoring implementation of this very carefully," she responded, suggesting the statute always can be amended.

One change Napolitano already is seeking would exempt firms that provide essential services like utilities, hospitals and nursing homes. She also wants more money to cover investigative costs by prosecutors and a provision spelling out that the law must be applied without discrimination.

Napolitano, an attorney, refused to say directly whether the state law is an unconstitutional infringement on the power of the federal government to regulate both immigration and who can legally work in this country. A lawsuit filed last week in U.S. District Court, also alleges other legal flaws.

But the governor said there is reason to believe it will survive a legal challenge.

"I believe the law against hiring illegal workers is already the law," she said, referring to federal statutes. "All this bill does is address a state licensing issue."

Attorney David Selden, who filed the lawsuit, said federal law does allow states to rescind licenses of companies that violate federal hiring laws.

But he said that can come only after a firm is found guilty of violating federal laws. By contrast, the Arizona statute allows license suspension and revocation after a state judge concludes the company hired undocumented workers; no conviction of federal violations is necessary.
http://www.azstarnet.com/sn/printDS/192360

Originally Posted by mapwife

One change Napolitano already is seeking would exempt firms that provide essential services like utilities, hospitals and nursing homes. She also wants more money to cover investigative costs by prosecutors and a provision spelling out that the law must be applied without discrimination.

Why hospitals and nursing homes? Aren't they among the largest employers of legal aliens? So why should they be exempt?

umm, she must be under alot of pressure from citizens, this is not like her is it??


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