Arizona has the most effective,
non-discriminatory employer sanctions law in the nation. It has been
upheld in four court challenges. The Legal Arizona Workers Act, which
went into effect Jan. 1, 2008, requires all Arizona
employers to use the E-Verify program. E-Verify is an essential tool to assure a
legal workforce. It achieves an accuracy rate of 97 percent by
matching names, birth dates, social security numbers and, in some instances,
photos for job seekers.
As early as October of 2007, before the new law went into
effect, Arizona saw positive
results. Illegal workers were leaving voluntarily. Fraudulent documents
and identity theft that were previously used were no longer enough to
The Stop Illegal Hiring Act (Prop 202) was
drafted for a consortium of businesses, chambers of commerce, and trade
associations seeking an endless supply of cheap illegal labor. Those
organizations would profit from a modern-day form of slavery − exploiting
illegal aliens. Those same groups were responsible for legal
efforts which were rejected by District Court and the Ninth Circuit Court.
When legal challenges were thrown out, those groups devised Stop
Illegal Hiring. This brilliant scheme is so deceptive. It counts
on Arizona voters to
only read the title and not pay attention to the contents. These authors
of this proposition believe that the 70-75 percent of Arizona
voters who want only legal workers employed will not look at the
is their deception.
The “Stop Illegal Hiring Act” guts
the primary enforcement mechanisms of the current employer sanctions law:
It abolishes required use of E-Verify. This is key change that the initiative’s
backers cleverly buried on page seven. It would return E-Verify to a
voluntary program and allow employers to resume the former “wink and nod”
method of verifying employment eligibility through the I-9 process.
Federal Judge John Walker
blasted the current federal I-9 process when he said “The I-9 documents
(that workers present to companies) are fraudulent.” Proposition 202
backers wish to perpetuate the same verification system that has been
proven over 20 years to be rife with fraud and identity theft.
Governor Napolitano has stated that E-Verify is a very simple process
and takes only minutes to accomplish. If an employer complies with the I-9
requirement (which we know is not enforced by the feds) this creates a non-rebuttable
presumption they are innocent (that means a court cannot find
them guilty because it cannot be rebutted.
It requires Arizona
to wait until the Federal Government has taken action against an employer before
the state takes action. We all know how ineffective and useless
the Federal Government has been.
It exempts thousands of Arizona
offering the use of the same standards that have not worked in the
past. It removes corporations from the definition of “license.” It
has introduced language to subject an employer to sanctions “if the
employer has more than
and pays hourly wages or salary in cash and not by check or direct deposit
to a financial institution” and fails to make withholding deductions,
fails to report new hires to the Department of Economic Security or fails
to provide coverage for workers compensation. The same provisions already
exist for violations by employers with just one employee. It also provides that out of state employers
(who are licensed in AZ) are not governed by the employer sanctions law.
It eliminates the Silent Witness portion
of the current law. All complaints regarding employer violations of
the law must 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.
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.
Arizona citizens are not as naïve as this
proposition's sponsors assume!
Stop Illegal Hiring sounds good, but is a veiled
attempt to deceive voters by confusing them with a concept with which they all
agree. This proposition is “employer amnesty” and will nullify HB2779.
Don’t let the name fool you! Those supporting this measure intend to make
hiring of illegals easier with less chance of penalty. DON'T BE
up to Arizona voters to
on Proposition 202.
US CONGRESS, SECURE OUR BORDERS NOW!
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