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Arizona’s New Immigration Law May Spread to Other States

Gov. Janet Napolitano on Monday signed sweeping legislation against employers of undocumented workers, targeting the state’s market for illegal labor with what she called “the most aggressive action in the country.”

The penalty for violators: The suspension of a business license on the first violation and permanent revocation on a second, amounting to a death sentence for repeat offenders.

House Bill 2779 (Fair and Legal Employment Act)

Provisions

  • Would prohibit employers from knowingly or intentionally hiring undocumented workers.
  • Starting Jan. 1, would require all employers to run their employees through the Basic Pilot Program to determine their legal status. Use of the program would act as a sort of immunity for employers facing prosecution under the law.
  • Would form an eight-member committee to study employer-sanctions laws in Arizona and whether they are fairly enforced. A committee report would be due to the governor, speaker of the House and Senate president by the end of 2008.

Penalties

  • 1st offense: Businesses caught “knowingly” employing an undocumented worker would lose their license for up to 10 days. Those caught “intentionally” hiring an undocumented worker would lose their license for at least 10 days.

The court would order that the employment of all undocumented workers at the business be terminated, and require the employer to sign an affidavit stating that the workers were fired and they will not hire such workers in the future. Employers would be placed on probation for three years (five, for “intentional” violations)

  • 2nd offense (while on probation): Permanent revocation of the business license.

Enforcement

  • Investigations would be conducted based on complaints against employers.
  • If the complaint was shown to be valid, the investigator would be required to notify U.S. Immigration and Customs Enforcement and local law enforcement.
  • From the state’s 2007-08 General Fund, the bill would provide $100,000 to the Arizona Attorney General’s Office, and $2.4 million to be distributed to county prosecutors.

For the entire story go to AZCentral.com

Corra believes this new law, if it withstands all challenges to its legality, will soon be adapted by other states. With the Federal Legislators bogged down and busily pandering to myriad solicitation bases is is small wonder Arizona took it upon itself to enact meaningful legislation.

You may love the new law that is scheduled to be implemented this January. You may hate it. Clearly, there are both sides to this issue. It is not Corra’s place to argue either or both sides of this argument.

What Corra can tell you that severe penalties for those who hire undocumented workers is most definitely the trend. so rather than become the poster child for government crackdowns and new laws designed to discourage the hire of illegal workers, Corra urges you conduct background checks on every job candidate and possibly on every current employee.

The Social Security Trace is a must. It will tell if a social security number is valid or not and for the most part if it belongs to your candidate. Corra suggest a criminal check and a Motor Vehicle Report For the few bucks you spend, these searches can save you a lot of money and maybe even prevent your business license from being suspended or revoked altogether, as the Arizona law will mandate.

So do your business a major favor. Check them out before you hire.

By Gordon Basichis

Gordon Basichis is the Co-Founder of Corra Group, specializing in pre-employment background checks and corporate research. He has been a marketing and media executive and has worked in the entertainment industry, the financial, health care and technology sectors. He is the author of the best selling Beautiful Bad Girl, The Vicki Morgan Story, a non-fiction novel that helped define exotic sexuality in the late twentieth century. He is the author of the Constant Travellers and has recently completed a new book, The Guys Who Spied for China, dealing with Chinese Espionage in the United States. He has been a journalist for several newspapers and is a screenwriter and producer.