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PHOENIX — Undocumented workers already in Arizona and working here will be ineligible to be employed here even if the state gets to set up its own guest-worker program.

Sen. Marsha Arzberger, D-Willcox, said Monday the legislation she crafted with Rep. Bill Konopnicki, R-Safford, had to be crafted that way to avoid opposition from "the anti-immigrant crowd." She said without excluding those workers, the measure would die.

And that, she said, doesn't help anyone.

"Our intent is to fill the need and get some temporary labor here," said Arzberger of HB 2863.

But Arzberger conceded the legislation will leave some companies unable to get employees with the training and skills they need — the ones already in the country and working for U.S. firms.

The issue arose Monday when the legislation was debated by the House Commerce Committee.

The version approved by the Commerce Committee would allow Arizona to set up its own guest-worker program. Companies with a labor shortage could bring in workers who have passed criminal background checks.

Business lobbyists said companies were already having trouble finding workers before the state's new employer-sanctions law took effect Jan. 1. That measure subjects firms to possible suspension or revocation of business licenses for knowingly having employees on the payroll not legally entitled to work here.

Sheridan Bailey, owner of Ironco Enterprises, a Phoenix steel-fabrication firm, said he got rid of 12 of his 40 production workers because they could not prove they were in this country legally. Bailey said without the ability to hire foreign workers, his company and others will be unable to remain fully staffed.

But Rep. Adam Driggs, R-Phoenix, pointed out the legislation specifically says employers who want foreign workers can recruit them only at U.S. consulate offices in Mexico.

Driggs said that means the workers already here who want those jobs would have to leave the country to apply for work. He pointed out, though, when people have been in this country illegally they are ineligible to come back legally for 10 years.

He questioned whether anyone already here would go through that risk.

Arzberger conceded the point. She said in the case of Bailey's trained workers, it's unlikely they went back to Mexico, where Bailey could legally hire them, but probably now have jobs elsewhere in this country.

She said, though, she had no choice other than lock out those already here or have the measure killed.

"I just don't see any way to include them because of all the objections of the anti-immigrant crowd," she said.

"They are good workers when they've been here that many years," Arzberger continued. "We could use their expertise."

Arzberger said none of this would be necessary if Congress acted and adopted some sort of nationwide program to increase the number of foreign workers who can be brought to the United States, as well as ease the process. But in the absence of federal action, she said, "We're going to try to take care of Arizona."

Monday's vote by the Commerce Committee was not unanimous.

Rep. Ben Miranda, D-Phoenix, questioned what he said was a "piecemeal approach to immigration reform." He also said the legislation lacked sufficient safeguards to ensure foreign workers are treated properly.

The proposal, even if it becomes law, would be legally meaningless without federal approval. A companion measure also approved Monday by the panel, HCM 2013, specifically urges Congress to give the go-ahead for an Arizona pilot program.

Both measures now go to the full House.