Be it enacted by the
People of the State of Arizona:
Section 1. Section
13-2008, Arizona Revised Statutes, is amended to read:
13-2008.
Taking
AND KNOWINGLY ACCEPTING identity of another person or entity; classification
A. A person commits
taking the identity of another person or entity if the person knowingly
takes, purchases, manufactures, records, possesses or uses any personal
identifying information or entity identifying information of another person
or entity, including a real or fictitious person or entity, without the
consent of that other person or entity, with the intent to obtain or use
the other person's or entity's identity for any unlawful purpose, or to
cause loss to a person or entity whether or not the person or entity actually
suffers any economic loss as a result of the offense, OR
WITH THE INTENT TO OBTAIN OR CONTINUE EMPLOYMENT.
B.
A PERSON COMMITS THE ACT OF KNOWINGLY ACCEPTING THE IDENTITY OF ANOTHER
PERSON OR ENTITY IN HIRING AN EMPLOYEE IF THE PERSON, WITH ACTUAL KNOWLEDGE,
KNOWINGLY ACCEPTS ANY PERSONAL IDENTIFYING INFORMATION OR ENTITY IDENTIFYING
INFORMATION OF ANOTHER PERSON OR ENTITY WHO IS NOT ACTUALLY THE PERSON
PRESENTING SUCH IDENTIFYING INFORMATION FOR THE PURPOSE OF DETERMINING
WHETHER THE PERSON PRESENTING SUCH IDENTIFYING INFORMATION HAS THE LEGAL
RIGHT OR AUTHORIZATION UNDER FEDERAL LAW TO WORK IN THE UNITED STATES
AS DESCRIBED AND DETERMINED UNDER THE PROCESSES AND PROCEDURES UNDER
8 UNITED STATES CODE SECTION 1324a.
B C.
On the request of a person or entity, a peace officer in any jurisdiction
in which an element of the offenseS SET FORTH IN
THIS SECTION is committed, a result of the offenseS
SET FORTH IN THIS SECTION occurs or the person or entity whose identity
is taken OR ACCEPTED resides or is located
shall take a report. The peace officer may provide a copy of the report
to any other law enforcement agency that is located in a jurisdiction in
which a violation of this section occurred.
C D.
If a defendant is alleged to have committed multiple violations of this
section within the same county, the prosecutor may file a complaint charging
all of the violations and any related charges under other sections that
have not been previously filed in any precinct in which a violation is
alleged to have occurred. If a defendant is alleged to have committed multiple
violations of this section within the state, the prosecutor may file a
complaint charging all of the violations and any related charges under
other sections that have not been previously filed in any county in which
a violation is alleged to have occurred.
D E.
This section does not apply to a violation of section 4-241 by a person
who is under twenty-one years of age.
E F.
Taking the identity of another person or entity OR
KNOWINGLY ACCEPTING THE IDENTITY OF ANOTHER PERSON OR ENTITY is a
class 4 felony.
Section 2. Section
13-2009, Arizona Revised Statutes, is amended to read:
13-2009.
Aggravated
taking identity of another person or entity; classification
A. A person commits
aggravated taking the identity of another person or entity if the person
knowingly takes, purchases, manufactures, records, possesses or uses any
personal identifying information or entity identifying information of either:
1. Three TWO
or more other persons or entities, including real or fictitious persons
or entities, without the consent of the other persons or entities, with
the intent to obtain or use the other persons' or entities' identities
for any unlawful purpose or to cause loss to the persons or entities whether
or not the persons or entities actually suffer any economic loss.
2. Another person or
entity, including a real or fictitious person or entity, without the consent
of that other person or entity, with the intent to obtain or use the other
person's or entity's identity for any unlawful purpose and causes another
person or entity to suffer an economic loss of three ONE
thousand dollars or more.
3. Another person,
including a real or fictitious person, with the intent to obtain OR
CONTINUE employment.
B. In an action for
aggravated taking the identity of another person or entity under subsection
A, paragraph 1 of this section, proof of possession out of the regular
course of business of the personal identifying information or entity identifying
information of three TWO or
more other persons or entities may give rise to an inference that the personal
identifying information or entity identifying information of the three TWO or
more other persons or entities was possessed for an unlawful purpose.
C. This section does
not apply to a violation of section 4-241 by a person who is under twenty-one
years of age.
D. Aggravated taking
the identity of another person or entity is a class 3 felony.
Section 3. Section
13-2010, Arizona Revised Statutes, is amended to read:
13-2010.
Trafficking
in the identity of another person or entity; classification
A. A person commits
trafficking in the identity of another person or entity if the person knowingly
sells, transfers or transmits any personal identifying information or entity
identifying information of another person or entity, including a real or
fictitious person or entity, without the consent of the other person or
entity for any unlawful purpose, or to cause loss
to the person or entity whether or not the other person or entity actually
suffers any economic loss, OR WITH THE INTENT OF
ALLOWING ANOTHER PERSON TO OBTAIN OR CONTINUE EMPLOYMENT.
B. This section does
not apply to a violation of section 4-241 by a person who is under twenty-one
years of age.
C. Trafficking in the
identity of another person or entity is a class 2 felony.
Section 4. Title 23,
Chapter 2, Article 2, Arizona Revised Statutes, is amended to read:
Article 2. Employment
of unauthorized aliens
23-211. Definitions
In this article, unless
the context otherwise requires:
1. "Agency" means
any agency, department, board or commission of this state or a county,
city or town that issues a license for purposes of operating a business
in this state.
2. "
Basic
pilot
E-VERIFY program" means the basic employment
verification pilot program as jointly administered by the United States
department of homeland security and the social security administration
or ANY OF its successor programS.
3. "Employee" means
any person who IS HIRED TO performs employment
services IN THIS STATE for an employer pursuant
to an employment relationship between the employee and employer.
4. "Employer" means
any individual or type of organization that transacts business in this
state, WHETHER OR NOT SUCH INDIVIDUAL OR ORGANIZATION that has
a license issued by an agency in this state, and that employs one or more
individuals who perform employment services in this state. Employer includes
this state, any political subdivision of this state and self-employed persons.
5. "Intentionally" has
the same meaning prescribed in section 13-105 AND
DETERMINED UNDER THE PROCESSES AND PROCEDURES UNDER 8 UNITED STATES CODE
SECTION 1324a.
6. "Knowingly
employ an unauthorized alien" means the actions described in AND
DETERMINED UNDER THE PROCESSES AND PROCEDURES AS ACTUAL KNOWLEDGE BY AN
OWNER OR OFFICER OF AN EMPLOYER UNDER 8 United States Code section
1324a. This term shall be interpreted consistently with 8 United States
Code section 1324a and any applicable federal rules and regulations.
7. "License":
(a) Means any agency
permit, certificate, approval, registration, charter or similar form of
authorization, INCLUDING BUT NOT LIMITED TO ARTICLES
OF INCORPORATION UNDER TITLE 10, CERTIFICATES OF PARTNERSHIP, PARTNERSHIP
REGISTRATIONS OR ARTICLES OF ORGANIZATION UNDER TITLE 29, GRANTS OF AUTHORITY
ISSUED UNDER TITLE 10, CHAPTER 15, AND ANY TRANSACTION PRIVILEGE TAX LICENSES, that
is required by law and that is issued by any agency for the purposes of
operating a business in this state AND AS ALLOWED
UNDER FEDERAL LAW.
(b) Includes:
(i)
Articles of incorporation under title 10.
(ii)
A certificate of partnership, a partnership registration or articles
of organization under title 29.
(iii)
A grant of authority issued under title 10, chapter 15.
(iv)
Any transaction privilege tax license.
(c) Does
not include:
(i) Any license issued
pursuant to title 45 or 49 or rules adopted pursuant to those titles.
(ii) Any professional
license.
8. "Unauthorized
alien" means an alien who does not have the legal right or authorization
under federal law to work in the United States as described in AND
DETERMINED UNDER THE PROCESSES AND PROCEDURES UNDER 8 United States
Code section 1324a (h)(3).
23-212.
Employment
of unauthorized aliens; prohibition; false and frivolous complaints;
violation; classification; license suspension and revocation; affirmative
defense
A. An employer WHO
IS DETERMINED TO shall not intentionally
employ an unauthorized alien or knowingly employ an unauthorized alien
THIS STATE SHALL BE SANCTIONED ACCORDING TO THIS SECTION.
B. On receipt of a WRITTEN
AND SIGNED complaint that an employer allegedly intentionally employs
an unauthorized alien or knowingly employs an unauthorized alien IN
THIS STATE IN VIOLATION OF SUBSECTION A, the attorney general or
county attorney shall DETERMINE WHETHER TO investigate whether IF
the employer has violated subsection A.
When investigating SUCH a complaint, the
attorney general or county attorney shall COMPLY
WITH ALL FEDERAL LAW AND verify the VIOLATION
INVOLVING work authorization of the alleged unauthorized alien with
the federal government pursuant to 8 United States Code section 1373(c) TO
THE EXTENT PROVIDED IN OR ALLOWED UNDER FEDERAL LAW AND REGULATIONS.
A state, county or local official shall not attempt to independently
make a final determination on whether an alien is authorized to work
in the United States BUT SHALL RELY UPON, AND
ONLY UPON, THE PROCESSES AND PROCEDURES SET FORTH IN 8 UNITED STATES
CODE SECTION 1324 a AND OTHER APPLICABLE
FEDERAL LAW. An alien's immigration status or work authorization
status shall, TO THE EXTENT PROVIDED OR ALLOWED
BY THE FEDERAL GOVERNMENT, be verified with the federal government
pursuant to 8 United States Code section 1373(c) TO
THE EXTENT PROVIDED IN FEDERAL LAW AND REGULATIONS.A person who knowingly files
a false and OR frivolous
complaint under this subsection is guilty of a class 3 misdemeanor.
C. If, after an investigation,
the attorney general or county attorney determines that the complaint is
not frivolous OR FALSE:
1. The attorney general
or county attorney shall notify the United States immigration and customs
enforcement of the unauthorized alien.
2. The attorney general
or county attorney shall notify the local law enforcement agency of the
unau thorized alien.
3. The attorney general
shall notify the appropriate county attorney to bring an action pursuant
to subsection D if the complaint was originally filed with the attorney
general.
D. An action for a
violation of subsection A shall be brought against the employer by the
county attorney in the county where the unauthorized alien employee is
employed IN THIS STATE. The county attorney
shall not bring an action against any employer for any violation of subsection
A that occurs before January 1, 2008 2009. A second
violation of this section shall be based only on an unauthorized alien
who is employed by the employer IN THIS STATE after
an action has been brought for a violation of subsection A.
E. For any action in
superior court under this section, the court shall expedite the action,
including assigning the hearing at the earliest practicable date.
F. On a finding of
a violation of subsection A:
1. For a first violation
during a three year period that is a knowing violation of subsection A,
the court:
(a) Shall CONFIRM
THAT order the employer to HAS
TERMINATED OR WILL terminate the employment of all unauthorized
aliens IN THIS STATE.
(b) Shall order the
employer to be subject to a three year probationary period. During the
probationary period the employer shall file quarterly reports IN
THE FORM PROVIDED IN A.R.S. SECTION 23-722.01 with the county attorney
of each new employee who is hired by the employer at the specific location IN
THIS STATE where the unauthorized alien performed work IN
THIS STATE.
(c) Shall order the
employer to file a signed sworn affidavit with the county attorney within
three business days after the order is issued. The affidavit shall state
that the employer has terminated the employment of all unauthorized aliens
IN THIS STATE and that the employer will not intentionally or knowingly
employ an unauthorized alien IN THIS STATE. The court shall order the appropriate
agencies to suspend all licenses subject to this subdivision that are held
by the employer if the employer fails to file a signed sworn affidavit
with the county attorney within three business days after the order is
issued. All licenses that are suspended under this subdivision shall remain
suspended until the employer files a signed sworn affidavit with the county
attorney. Notwithstanding any other law, on filing of the affidavit the
suspended licenses shall be reinstated immediately by the appropriate agencies.
For the purposes of this subdivision, the licenses that are subject to
suspension under this subdivision are all licenses that are held by the
employer IN THIS STATE and that are necessary to operate the employer's
business at the employer's business location IN THIS STATE where the unauthorized
alien performed work IN THIS STATE. If a license is not necessary to operate
the employer's business at the specific location IN THIS STATE where the
unauthorized alien performed work IN THIS STATE, but a license is necessary
to operate the employer's business in general IN THIS STATE, the licenses
that are subject to suspension under this subdivision are all licenses
that are held by the employer at the employer's primary place of business
WITHIN THIS STATE, IF ANY. On receipt of the court's order and notwithstanding
any other law, the appropriate agencies shall suspend the licenses according
to the court's order. The court shall send a copy of the court's order
to the attorney general and the attorney general shall maintain the copy
pursuant to subsection G.
(d) May order the appropriate
agencies to suspend all licenses described in subdivision (c) of this paragraph
that are held by the employer IN THIS STATE for not to exceed ten business
days. The court shall base its decision to suspend under this subdivision
on any evidence or information submitted to it during the action for a
violation of this subsection and shall consider the following factors,
if relevant:
(i) The number of unauthorized
aliens employed by the employer IN THIS STATE.
(ii) Any prior misconduct
by the employer IN THIS STATE.
(iii) The degree of
harm resulting from the violation.
(iv) Whether the employer
made good faith efforts to comply with any applicable requirements.
(v) The duration of
the violation.
(vi) The role of the
directors, officers or principals of the employer IN THIS STATE in the
violation.
(vii) Any other factors
the court deems appropriate.
2. For a first violation
during a five year period that is an intentional violation of subsection
A, the court shall:
(a) Order CONFIRM
THAT the employerto HAS TERMINATED OR WILL terminate
the employment of all unauthorized aliens IN THIS STATE.
(b) Order the employer
to be subject to a five year probationary period. During the probationary
period the employer shall file quarterly reports IN THE FORM PROVIDED IN
A.R.S. SECTION 23-722.01 with the county attorney of each new employee
who is hired by the employer at the specific location IN THIS STATE where
the unauthorized alien performed work IN THIS STATE.
(c) Order the appropriate
agencies to suspend all licenses, described in subdivision (d) of this
paragraph that are held by the employer IN THIS STATE for a minimum of
ten days. The court shall base its decision on the length of the suspension
under this subdivision on any evidence or information submitted to it during
the action for a violation of this subsection and shall consider the following
factors, if relevant:
(i) The number of unauthorized
aliens employed by the employer IN THIS STATE.
(ii) Any prior misconduct
by the employer IN THIS STATE.
(iii) The degree of
harm resulting from the violation.
(iv) Whether the employer
made good faith efforts to comply with any applicable requirements.
(v) The duration of
the violation.
(vi) The role of the
directors, officers or principals of the employer IN THIS STATE in the
violation.
(vii) Any other factors
the court deems appropriate.
(d) Order the employer
to file a signed sworn affidavit with the county attorney. The affidavit
shall state that the employer has terminated the employment of all unauthorized
aliens IN THIS STATE and that the employer will not intentionally or knowingly
employ an unauthorized alien IN THIS STATE. All licenses that are suspended
under this subdivision shall remain suspended until the employer files
a signed sworn affidavit with the county attorney. For the purposes of
this subdivision, the licenses that are subject to suspension under this
subdivision are all licenses that are held by the employer IN THIS STATE
and that are necessary to operate the employer's business at the employer's
business location IN THIS STATE where the unauthorized alien performed
work IN THIS STATE. If a license is not necessary to operate the employer's
business at the specific location IN THIS STATE where the unauthorized
alien performed work IN THIS STATE, but a license is necessary to operate
the employer's business in general IN THIS STATE, the licenses that are
subject to suspension under this subdivision are all licenses that are
held by the employer at the employer's primary place of business WITHIN
THIS STATE, IF ANY. On receipt of the court's order and notwithstanding
any other law, the appropriate agencies shall suspend the licenses according
to the court's order. The court shall send a copy of the court's order
to the attorney general and the attorney general shall maintain the copy
pursuant to subsection G.
3. For a second violation
of subsection A during the period of probation, the court shall order the
appropriate agencies to permanently revoke all licenses that are held by
the employer IN THIS STATE and that are necessary to operate the employer's
business at the employer's business location IN THIS STATE where the unauthorized
alien performed work IN THIS STATE. If a license is not necessary to operate
the employer's business at the specific location where the unauthorized
alien performed work IN THIS STATE, but a license is necessary to operate
the employer's business in general IN THIS STATE, the court shall order
the appropriate agencies to permanently revoke all licenses that are held
by the employer at the employer's primary place of business IN THIS STATE.
On receipt of the order and notwithstanding any other law, the appropriate
agencies shall immediately revoke the licenses.
G. The attorney general
shall maintain copies of court orders that are received pursuant to subsection
F and shall maintain a database of the employers who have a first violation
of subsection A and make the court orders available on the attorney general's
website.
H. On determining whether
THERE HAS BEEN A VIOLATION THAT an employee is an unauthorized alien, the
court shall consider only the federal government's determination pursuant
to 8 United States Code section 1373(c) AND AS DETERMINED IN ACCORDANCE
WITH THE PROCESSES AND PROCEDURES SET FORTH IN 8 UNITED STATES CODE SECTION
1324a AND OTHERWISE REQUIRED UNDER FEDERAL LAW. The federal government's
determination creates a rebuttable presumption of the employee's lawful
status. The court may take judicial notice of the federal government's
determination and may request the federal government to provide automated
or testimonial verification pursuant to 8 United States Code section 1373(c)
AND AS DETERMINED IN ACCORDANCE WITH THE PROCESSES AND PROCEDURES SET FORTH
IN 8 UNITED STATES CODE SECTION 1324a AND OTHERWISE REQUIRED UNDER FEDERAL
LAW.
I. For the purposes
of this section, proof of verifying the employment authorization of an
employee through the basic pilot E-VERIFY program
OR AS OTHERWISE PROVIDED UNDER 8 UNITED STATES CODE SECTION 1324a creates
a NON-rebuttable presumption that an employer did not intentionally employ
an unauthorized alien or knowingly employ an unauthorized alien.
J. For the purposes
of this section, an employer who establishes that it has complied in good
faith with the requirements of 8 United States Code sections 1324a OR 1324b
establishes an affirmative defense that the employer did not intentionally
or knowingly employ an unauthorized alien.
23-213.
Employer
actions; federal or state law compliance
This article shall
not be construed to require an employer to take any action that WOULD,
OR THAT the employer believes in good faith would, violate federal or state
law.
23-214.
Verification
of employment eligibility;
basic
pilot
E-VERIFY program
After December 31, 2007 2008,
every employer, after hiring an employee, shall TO THE EXTENT PROVIDED
AND ALLOWED BY THE FEDERAL GOVERNMENT, verify the employment eligibility
of the employee through the basic pilot E-VERIFY
program OR SUCH OTHER PROCEDURES AS PROVIDED UNDER 8 UNITED STATES CODE
SECTION 1324a.
23-215.
PUNISHMENT
OF CASH-PAYING, TAX-AVOIDING ILLEGAL EMPLOYERS
A. IN ADDITION TO ANY
OTHER PENALTY PROVIDED BY LAW, AN EMPLOYER SHALL BE SUBJECT TO THE PENALTIES
PROVIDED IN PARAGRAPH B OF THIS SECTION IF THE EMPLOYER HAS MORE THAN FOUR
EMPLOYEES AND PAYS HOURLY WAGES OR SALARY IN CASH AND NOT BY CHECK OR DIRECT
DEPOSIT TO A FINANCIAL INSTITUTION AND THE EMPLOYER COMMITS ANY OF THE
FOLLOWING VIOLATIONS:
1. FAILS TO MAKE WITHHOLDINGS
FROM EMPLOYEE COMPENSATION AND REMIT THE WITHHOLDINGS TO THE ARIZONA DEPARTMENT
OF REVENUE AS REQUIRED BY STATE LAW;
2. FAILS TO REPORT
THE HIRING OF EMPLOYEES TO THE DEPARTMENT OF ECONOMIC SECURITY AS REQUIRED
BY TITLE 23, CHAPTER 4, ARTICLE 5;
3. FAILS TO MAKE CONTRIBUTIONS
TO THE DEPARTMENT OF ECONOMIC SECURITY FOR UNEMPLOYMENT COMPENSATION BENEFITS
AS REQUIRED BY TITLE 23, CHAPTER 4, ARTICLE 5;
4. FAILS TO PROVIDE
COVERAGE FOR WORKERS COMPENSATION FOR EMPLOYEES AS REQUIRED BY TITLE 23,
CHAPTER 6.
B. THE ATTORNEY GENERAL
MAY BRING AN ACTION IN SUPERIOR COURT AGAINST AN EMPLOYER FOR VIOLATION
OF PARAGRAPH A OF THIS SECTION. IF THE COURT FINDS THE EMPLOYER TO HAVE
VIOLATED THIS SECTION, THE COURT SHALL ENTER JUDGMENT AGAINST THE EMPLOYER
FOR TREBLE THE AMOUNT OF ALL WITHHOLDINGS, PAYMENTS, CONTRIBUTIONS, OR
PREMIUMS THAT THE EMPLOYER WAS OBLIGATED TO MAKE BUT DID NOT MAKE PURSUANT
TO SUBPARAGRAPHS (1) THROUGH (4) OF PARAGRAPH (A) OF THIS SECTION, OR $5,000
PER EMPLOYEE FOR WHICH A VIOLATION WAS COMMITTED, WHICHEVER IS GREATER.
C. THE ATTORNEY GENERAL
SHALL REMIT ALL SUMS COLLECTED FROM EMPLOYERS UNDER THIS SECTION TO THE
ARIZONA DEPARTMENT OF EDUCATION AND THE ARIZONA DEPARTMENT OF HEALTH SERVICES
IN EQUAL AMOUNTS. THE ARIZONA DEPARTMENT OF EDUCATION AND THE ARIZONA DEPARTMENT
OF HEALTH SERVICES ARE HEREBY AUTHORIZED TO DISTRIBUTE THE FUNDS RECEIVED
PURSUANT TO THIS SECTION TO SCHOOL DISTRICTS AND EMERGENCY ROOM PROVIDERS
AT HOSPITALS TO USE TO OFFSET THE COSTS OF THE EFFECTS OF ILLEGAL IMMIGRATION.
Section 5. Severability
If any provision of
this measure or its application to any person or circumstance is held invalid,
the invalidity does not affect other provisions or application of this
measure that can be given effect without the invalid provision or application,
and to this end the provisions of this measure are several.
Section 6.
Short
title
The measure shall be
known as and may be cited as the "Stop Illegal Hiring" Act.
"Stop Illegal Hiring" is
designed to sound good to voters while giving employers amnesty in advance
for hiring illegals.
Punishments include fines and/or
loss of the company business license. But businesses not requiring a license
are automatically exempt. Also exempt from punishment are incorporated
companies, partnerships and Transaction Privilege Licenses. Most corporate
retailers like restaurants, hotels and retail chains are exempt. Who's
left?
Unlike Silent Witness, citizens
wanting to report violating employers must file a written notarized affidavit.
SIH initiative author Andrew Pacheco knows how effectively that will intimidate
citizens.
Sheriff Joe's Hot Line will
close down, despite all the drop houses, drug smugglers, and coyotes caught
and prosecuted under Arizona's human smuggling law.
"Good Samaritan Laws" encourage
citizens to stop and render aid to those in trouble by exempting them from
lawsuits. By dismissing the complaint as "frivolous," a pro-illegal
or pro-business prosecutor sets up a citizen acting in good faith to be
charged with a crime.
Stop Illegal Hiring has a built-in
free pass for employers: by using the E-Verify Program, they're exempt
from investigation even if they're guilty as sin! Such a deal!
The biggest scam is the claim
that collected fines goes to schools and hospitals to help them cover their
costs of illegal aliens. Schools and hospitals are two of the biggest "aiders
and abettors" to businesses wanting to protect their taxpayer-subsidized
cheap illegal labor.
School and hospital lobby groups
(AZ School Boards Association & AZ Hospital Association) each donated
$10,000 in 2004 to "Defeat Proposition 200!"
But don't be fooled! Fines
come from prosecuting employers who hire illegals, and the
Stop
Illegal Hiring Initiative
does everything possible to prevent punishing
guilty employers.
Reject Employer Amnesty! Vote
NO on Stop Illegal Hiring!
|
Wilfred Hoffman,
Retired Engineer & Citizen Activist, Tempe
|
Here we are, 7 years after
9/11 and our borders are still porous. Because of the failure of government
and political correctness on the behalf of some with either private agendas
against having a secure, bordered, safe country, or a private reason
to hold down wages against American citizens, (and their own greed on
exploiting a labor source that will operate here on scraps because their
own countries do not respect their lives as afforded by our great constitution).
We have reached a point where some seek to bypass common sense answers
that do not reward their agendas, or that places danger in open borders,
racism on anti-illegal immigration, and poverty on low wages. We are
losing opportunities and continue with divisive policies and missing
opportunities for real solutions to problems that a responsible American
society must deal with. We can do better than this. This is nothing more
than some groups that have selfish reasons (to stop any reasonable immigration
policy from being adopted) whom want us to continue with insane open
border policies that are working with some that have real concerns but
are only putting band-aids where major surgery should be required. WE
NEED to keep government responsible and hold its feet to the fires of
our anger and get either sensible, viable, realistic answers put forth
and adopted or new leadership elected across the state this fall to do
it.
|
John Fillmore,
Apache Junction
|
Arizona's current employer
sanctions law has been working extremely well at reducing illegal immigration
in Arizona. Prop 202, the Stop Illegal Hiring ballot measure stands in
stark contrast in both form and substance to our current law that was
passed by the legislature and signed by the Governor.
In spite of this ballot measure's,
its intent is to support actions by both employers and illegal immigrants
so they can continue to flaunt federal and state laws. Unbelievably,
it replaces federal definitions and consequences of being an illegal
alien and hiring an illegal alien with language that supports illegal
alien and employer amnesty. VOTE NO on Prop 202.
In addition, Arizona's current
employer sanctions law has already been upheld and certified constitutional
by a federal court while the Stop Illegal Hiring ballot measure is on
a fast track to be struck down in court because it imposes fines in direct
violation of federal law. This is not my assessment, rather the printed
decision by United States District Court Judge Neal Wake, who decreed
that state laws cannot enact fines and penalties - they are solely the
under the jurisdiction of the federal government. VOTE
NO on Prop 202.
Current Arizona law requires
ALL employers to use the Federal E-Verify system to determine the legal
status for all new hires. That requirement has had a great impact in
driving illegal labor from Arizona. The best part of the E-Verify system
is it is easy, free and protects law abiding employers from unfair charges
while protecting our workforce and economy from the problems associated
with the luring and hiring of illegals throughout our economy. The proposed
initiative would eliminate the E-Verify requirement, taking the teeth
out of Arizona's current law.
Vote NO on
Prop 202 the Stop Illegal Hiring measure.
Please vote "NO." "Stop
Illegal Hiring Act" is employer amnesty.
This initiative is fraud
on Arizona voters. Arizona has the most effective, non-discriminatory
employer sanctions law in the nation and it has been upheld in 4 court
challenges, which were brought by the same folks who bring you this initiative.
This group puts "profits over patriotism," and will do everything
they can to keep "cheap" illegal labor, while hurting American
workers.
Proponents of this initiative
have exploited a loophole in state law and refuse to name who is funding
the campaign. We do know that some of the people pushing this initiative
have been vocal opponents of illegal immigration enforcement and are
funding the court challenge against Arizona's right to enforce immigration
laws.
The "Stop Illegal Hiring
Act" guts our employer sanctions law:
1) It abolishes required
use of E-Verify. Federal Judge John Walker, blasted the current federal
I-9 process. "The documents (workers present to companies) are fraudulent." E-Verify
is to help employers hire legal employees and is 99,7% accurate.
2) It requires Arizona to
wait until the federal government has taken action against an employer
before the state takes action.
3) It exempts thousands of
Arizona employers from the employer sanctions law by taking articles
of incorporation and LLC registration out of the definition of "license."
4) It requires all complaints
regarding employer violations of the law to be written and signed. This
would stop employees from reporting violations. Anonymous tips are an
important tool in taking criminals, including serial killers, off the
streets.
5) It imposes an impossible
standard of proof. High-level managers who are not officers or owners
could hire illegal aliens with impunity, and would not face any enforcement.
Stop Illegal Hiring Act intentionally
guts Arizona's employer sanctions law and allows illegal employers "business
as usual".
|
Russell Pearce,
State Representative, Legislative District 18, Mesa
|
Why vote NO on PROPOSITION
202? (aka "STOP ILLEGAL HIRING")?
FOLLOW THE MONEY...
Proposition 202's primary
$$$$ source is a group called Wake Up Arizona, who has provided 72% of
their money so far.
Wake Up Arizona has opposed
the current Employers Sanctions Law from the beginning, paying huge legal
bills for court battles to defeat it. We know Wake Up Arizona's leader
is Marion "Mac" Magruder, owner of several Phoenix McDonalds
franchises.
Other "members" of
Wake Up Arizona don't identify themselves; their website only says they're "a
coalition of Arizonans concerned about the unintended consequences of
the state's new employer sanctions law HB 2779."
But The Money Trail exposes
Proposition 202 supporters and reveals their true agenda:
$373,900.00 Wake Up Arizona
5005 N 12th Street, Suite 200, Phoenix, AZ
$25,000.00 Western Growers,
Irvine, CA
$9,500.00 Marion Magruder,
Franchise Owner, head of Wake Up Arizona, Paradise Valley, AZ
$9,500.00 Arizona McDonalds
Operators Association, Phoenix, AZ
$3,000.00 Lenny Rosenberg,
Self-Employed Restaurant Owner, Phoenix, AZ
$2,500.00 Southern Arizona
Home Builders Association, Tucson, AZ
$2,500.00 Pasquinelli Produce,
Yuma, AZ
Why do "members" of
Wake Up Arizona refuse to identify themselves? Why would Proposition
202 backers misrepresent their initiative to voters, calling it "Stop
Illegal Hiring" when it does exactly the opposite?
The centuries-old answer
is greed, described in I Timothy 6:10: "...for the love of money
is the root of all evil."
Supporters of Proposition
202 include the most notorious industries employing cheap illegal labor.
Shifting their illegal employees' costs to taxpayers (tax-funded welfare,
food stamps, rent & utility subsidies, medical care) helps their
bottom line and fattens their wallets. That's why their $$$$ supports
a ballot measure allowing them to continue.
Tell greedy employers "Enough!" Vote
NO on Proposition 202.
|
Sandra J. Miller,
Commentary Writer & IT Professional, Phoenix
|
If previous ballot measures
are indicators, the majority of Arizonans believe that the state needs
to "Stop Illegal Hiring." If truth in packaging were applicable
here, this legislation would be called "Employer Amnesty." This
legislation removes two key provisions of the existing Employer Sanction's
Law strong provisions which had the agreement of the legislature and
Governor. The first essential element that is removed is the mandate
that all businesses use the highly effective, user-friendly federal E-Verify
system. E-Verify assures that only legal workers can gain employment
in Arizona and has a provision for correcting errors. "Stop Illegal
Hiring" offers the less-stringent federal guidelines presently in
force as a substitute for E-Verify and relies on documents that have
been easily forged and have been found counterfeited on Phoenix streets.
The second element this proposition removes is the acceptance of anonymous
tips regarding the hiring of illegal workers. Police departments have
long recognized the effectiveness of Silent Witness Programs reporting
crime. Removing these two key provisions from the current law will permit
employers to hire illegal workers and stop vital information regarding
illegal activity from being gathered. Hiring illegal workers takes jobs
away from legal workers, lowers the prevailing wages, and flies in the
face of law and order. Vote NO on PROP 202.
|
Tim Rafferty,
President, RidersUSA, Corp., Tempe
|
Richard Martin,
Vice President, RidersUSA, Corp., Tempe
|
|
Paid
for by "RidersUSA, Corp."
|
Do not be fooled by this
initiative or its title. It is employer amnesty, nothing more. The initiative
is backed and funded by the same group of businesses and individuals
who tried to stop our State Legislature from passing any employer sanctions
at all. In spite of their efforts, the Republican-led Legislature passed
a tough but fair law Democrat Governor Napolitano signed into law. This
bi-partisan solution punishes businesses who knowingly and deliberately
hire illegal aliens. It does NOT punish those who play by the rules.
When the law was signed, these pro-amnesty groups turned their wrath
on the legislators who voted for the bill, promising to defeat them in
their next election. When those threats failed to sway anyone, they proceeded
to file this initiative, collecting signatures under the guise of "doing
something about illegal aliens." Ask yourself, if Arizona already
has the toughest employer sanctions law in the country, why would we
need more? Do we really trust the businesses that violate these laws
to be in charge of writing their own rules? With so much money coming
from fast-food restaurant owners, homebuilders, and other such industries,
are we really expected to believe this initiative is serious about enforcement?
The fact is: this initiative will gut our existing laws and will let
the employers who cheat just wink at law enforcement on their way by.
Our current law is working and it levels the playing field between honest
businesses and dishonest businesses. Finally, the law passed by our Legislature
can be amended and improved. Initiatives cannot be amended by the Legislature,
so if this amnesty bill passes, we won't be able to fix it after the
fact. Please support employer sanctions and OPPOSE this initiative. Call
(602) 503-0291 if you have any questions.
|
Thomas F. Husband,
Chairman, Maricopa County Republican Committee, Paradise Valley
|
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Paid
for by "Maricopa County Republican Committee"
|
The Legislative District 9
Republican Executive Committee opposes the "Stop Illegal Hiring
Act" (PROP 202).
Do not be fooled. The name
is intentionally deceptive. Instead of stopping illegal hiring, this
ballot measure will actually gut the existing employer sanctions law
passed by the Arizona State Legislature. The current law requires employers
to check if new employees are U.S. Citizens using the E-verify system,
a simple verification system already in place through the U.S. Department
of Homeland Security. The business groups that are backing this Stop
Illegal Hiring act do not want to stop illegal hiring, they want to continue
it!
Do not be fooled. Please
Vote No.
On behalf of the LD9 Republican
Executive Committee
|
Raymond E.
Spitzer, Chairman, Legislative District 9 Republican Executive
Committee, Glendale
|
