Sun, Nov 08, 2009

Tucson Region

Governor bristles at lack of consultation

By Howard Fischer
Capitol Media Services
Tucson, Arizona | Published: 08.11.2007
PHOENIX — Part of the immigration enforcement proposal unveiled Friday by President Bush would require the cooperation of the state — cooperation it may not be able to provide.
Bush wants states to share driver's license photos and records with the U.S. Department of Homeland Security. The idea is to help employers, who are required to check the identification of job applicants, to spot fraudulent licenses.
Gov. Janet Napolitano, who first heard of the plan Friday afternoon, chided the administration for making the suggestion without consulting with states. She said there are a host of questions that remain.
"Can we do it legally?" Napolitano asked. "Do the computer systems match? When? Who pays? All of the questions any logical person would have, none of that has been briefed to the states."
Russ Knocke, spokesman for the federal agency, said the goal is to have "a technical linkage so that the photo could be matched up with the information that has been provided to the employer." He said that would make it more difficult for an applicant using someone else's identification to get a job.
Knocke said officials at his agency do not see the link as an intrusion on privacy, suggesting it might actually do the reverse.
"I have yet to hear a privacy advocate make a sound case for how cutting down on identity theft infringes on one's privacy," he said.
The legality of what the federal agency wants is being reviewed, said Cydney DeModica, spokeswoman for the state Motor Vehicle Division.
The president's immigration plan does appear to share something in common with a new Arizona law: a focus on going after companies whose workers' Social Security numbers don't match government records.
The law, set to take effect in January, requires all Arizona employers to check the identity of new employees through what is known as the Basic Pilot Program. That federal database includes a comparison of the name and Social Security number provided, along with a check of other government records to see if someone is authorized to work in this country.
If there is not a match, the employer — who is linked to the system via the Internet — is given instantaneous notice.
At that point the worker is given a chance to clear up the discrepancy. Some discrepancies may be caused by name changes, while other times there are simply errors in typing in the information.
But if the problem cannot be resolved, the employer essentially is put on notice that the worker is not a legal U.S. resident.
The president's proposal would require a company that cannot clear up the problem to fire the worker or risk fines.
There is no such requirement in the new state law. In fact, there is no punishment for companies that do not use the Basic Pilot Program.
The legal risk is on the back end: If an investigation finds an undocumented worker, the firm could face charges of knowingly hiring someone not entitled to work in this country. A first offense could lead to a 10-day suspension of any state licenses; a subsequent conviction within three years results in loss of legal ability to do business in Arizona.
But the law also spells out that if a company has used the Basic Pilot Program it is entitled to a presumption of innocence in any trial, even if it turns out that the worker is undocumented.