Hourly Update

New law will not overwhelm program designed to check legal status of employees

PHOENIX - A federal analyst said Monday the Basic Pilot Program to check the legal status of new employees will not be overwhelmed by a new Arizona law requiring all companies to use it. And he said the error rate is nowhere near as high as some have claimed. Michael Mayhew who works for U.S. Citizenship and Immigration Services acknowledged the system which verifies whether someone can legally work in this country handled nearly 2 million inquiries last fiscal year from more than 19,000 companies. By contrast, there are an estimated 130,000 firms in Arizona that will be required to use the federal database beginning next year. But Mayhew, who demonstrated the program Monday to business lobbyists - part of an effort by House Speaker Jim Weiers to defuse opposition to the new employer sanctions law - said that should not be a problem. "We have been planning for the past six months for the federal legislation to pass,'' he said, referring to the now-failed Senate proposal. That included a provision for all 7 million companies nationwide to use the system. And he figured they would make up to 75 million queries a year. "So the idea of 130,000 employers in Arizona signing up is something the system can handle,'' Mayhew said. He also bristled at reports the system has an 8 percent "error rate.'' Mayhew said that percent figure is the number of inquiries where the database is unable on a first query to match the person's name and social security number. That figure, he explained, includes situations which can be easily corrected, ranging from a mis-typed name or number to a person whose name has changed after marriage. And it also includes those who actually are not legally allowed to work in the country. Pushed to put a figure on actual accuracy, Mayhew said he could not put it at 100 percent. But he said the real error rate "is very, very small." The new law which takes effect in January says companies that knowingly hire undocumented workers can lose their state license to do business for up to 10 days. A second offense within three years results in loss of license. That law also requires companies to use the federal database. And its use provides a legal presumption of innocence for any firm charged with illegal hiring. But Todd Sanders, lobbyist for the Phoenix Chamber of Commerce, said the presentation does not eliminate his organization's opposition to the law. "I'm concerned about the amount of paperwork that employers are going to have to go through to work the system,'' he said. And Sanders noted the system can be accessed now only through computers linked to the Internet, potentially leaving out small companies. Mayhew acknowledged that gap but said these firms can either go to the library and access the system from there, or hire an outside firm to do the checks. Sanders said he also is not comforted by the law's presumption of innocence for those who use the Basic Pilot Program. "It's not a guarantee,'' he said. "You can use the Basic Pilot and you can still be prosecuted and you can still lose your license,'' Sanders continued. "If the system is as good as it is, and you're using it, then why aren't we giving that employer that protection?" Several business groups and individual companies have filed suit in federal court to block the law from ever taking effect. Among their arguments is that it unconstitutionally infringes on the exclusive right of the federal government to regulate who can enter the country and who can work here. No date has been set for a hearing.