Employer-sanctions measure stalled

Law would fine firms that hire illegal entrants

By Howard Fischer

CAPITOL MEDIA SERVICES

PHOENIX — Stiff opposition from a key state business group could keep voters from deciding whether to punish companies that knowingly hire illegal entrants.

As of late Tuesday, legislative leaders had not yet committed to sending the issue to the November ballot following the veto of border security legislation earlier this year by Gov. Janet Napolitano. A key provision of that measure would have imposed fines and possible loss of license — and even jail time — on employers.

That indecision troubles Rep. Russell Pearce, R-Mesa. He said GOP leaders promised him they would take the issue directly to voters if Napolitano followed through with her veto threat.

But Senate President Ken Bennett said there are reasons to take a cautious approach. And the main one is a constitutional provision that says once voters approve a change in law, legislators cannot tinker with it.

"So before you decide to take something to a vote of the people you've got to be very careful that it does what you think it's going to do, is going to be clear and understandable by the voters, and not going to have unintended consequences," Bennett said.

Pearce, however, said this legislation has been carefully vetted to ensure that it does not harm those companies that follow the law or even employers who inadvertently hire people not in this country legally. He said the real issue is the opposition of the business community — and, in particular, the Arizona Chamber of Commerce and Industry.

Chamber spokesman Farrell Quinlan acknowledged tha his organization is trying to kill any ballot plan. He echoed Bennett's sentiments about the possibility of getting it wrong and not being able to fix it.

But Quinlan said his group wants no state laws at all.

"We are against state-level sanctions for federal immigration law violations," he said. "We think the federal government has a responsibility to police our borders."

Quinlan said that while few companies have been sanctioned under federal law, he believes that new regulations will mean more enforcement.

Pearce said that's not enough.

"Employers who cheat, hire illegals knowingly . . . have illegal, immoral competitive advantage over the honest businessman," he said.

While Pearce is pushing for employer sanctions to go to voters, that's not the only issue he wants on the ballot. He also wants a state law to allow those who cross the border illegally to be arrested and prosecuted under state law as trespassers.

A new statewide poll suggests that voters would approve both provisions.

Pollster Bruce Merrill said that 67 percent of the 384 registered voters questioned earlier this month said they would support a measure that punishes companies that knowingly hire undocumented workers. Only 25 percent were opposed.

And 65 percent of people said they support what would be a separate measure: allowing illegal immigrants to be arrested and prosecuted under state law as trespassers.

Pearce also wants to let voters decide whether to expand the provisions of Proposition 200, approved two years ago, to deny adult education classes and subsidized child care to illegal entrants.

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