Showing posts with label illegal immigration legislation. Show all posts
Showing posts with label illegal immigration legislation. Show all posts

Friday, July 25, 2008

New Law: More Changes to the Employer Sanctions Law

House Bill 2745, which retro-actively takes effect on May 1, 2008 makes numerous additional changes to the employer sanctions bill.


Some of the details include identity theft provisions:
  • expands the definitions of "identity theft" to include theft for the purposes of obtaining or continuing employment
  • adds the offense of "knowingly accepting the identity of another person," a class 4 felony which applies to employers who knowingly accept false employment documents

Some details related to the complaint process include:

  • Requires the Attorney General (AG) to create a form to be used by persons wishing to file a complaint against a company for hiring an unauthorized alien, and specifies that the complaint form may not be required to include a complainant's social security number or a notary's authorization. If a complaint is submitted on this form, the county attorney must investigate the complaint; if a complaint is presented to a county attorney, but not submitted on the prescribed form, the county attorney may investigate the complaint.
  • Notes that anoymous complaints not submitted on the prescribed form are not prohibited by the act.
  • Prohibits a county attorney from investigating a complaint based solely on race, color, or national origin.
  • Permits a county sheriff or other local law enforcement agency to assist in investigation a complaint.

New Law: Employer Sanctions Clarification

HB 2745 Now found in ASRS Chapter 152

Effective after September 30, 2008

Governmental entities are required to check legal status of license applicants, ensure contractors verify their employees' status and only grant economic incentives to employers registered with and participation in the e-verify program. The applicants and employers have the onus of proof in these situations.

Wednesday, May 21, 2008

A Discussion with Senator Gould, Foe of Guest-Worker Bill

Senator Gould, never one to mince words, is featured in today's addition of the Repugnant. He points out some of the numerous flaws with the proposal (HCM 2012) and discusses his amendments.

The following Republicans have signed on as sponsors of this measure:

BURNS J

HERSHBERGER

MASON

FLAKE

O'HALLERAN

CRANDALL

MCLAIN

REAGAN

KONOPNICKI

Wednesday, May 7, 2008

Measure would let officers enforce immigration laws

Here is an AZCentral article about the press conference that Senator Gould and I participated in along with Sheriff Joe, Representative Russell Pearce, Don Goldwater, Chris Simcox, and many others in order to urge Speaker Jim Weiers into scheduling this Illegal Immigration Legislation for Third Read in the House of Representatives.

Tuesday, April 22, 2008

How the Government Spends Taxpayer's Money

by Phyllis Schlafly

Are you having a hard time paying your bills, making your mortgage payments, or putting your kids through college? You need to know how much of your hard-earned income the government is skimming off and diverting into handouts to immigrants and illegal aliens. You can read the depressing details in the new 70-page document called "The Economic and Fiscal Impact of Immigration" written by Edwin S. Rubenstein. A Manhattan Institute adjunct fellow with a mile-long scholarly resume, he has been doing financial analysis ever since he directed the studies of government waste for the prestigious Grace Commission of 1984.

The bottom line, which you need to know for your own bottom line, is that U.S. taxpayers are giving more than $9,000 a year in cash or benefits to each immigrant, a third of whom are illegal aliens. That's $36,000 for each immigrant household of four.

Since the U.S. has 37 million immigrants, legal and illegal, the national cost was more than $346 billion last year, which was twice our fiscal deficit. The cost of immigrants is so high because, as Rubenstein writes, "Immigrants are poorer, pay less tax and are more likely to receive public benefits than natives." Big Brother hasn't told you this bad news, perhaps because the government doesn't want you to know why your paychecks are shortchanged. Even the huge amnesty bill that was defeated last year didn't contain one word about its budgetary consequences.

The financial burden that immigrants impose on education starts with the 3.8 million K-to-12 students enrolled in more-expensive classes for the non-English-speaking. When we add up the costs of hiring specialized teachers, training regular teachers, student identification and assessment, and administration costs, the total amounts to an estimated $1,030 per pupil, or $3.9 billion. Of the 48.4 million pre-K through 12 public school children, 9.2 million or 19 percent are immigrants or the children of immigrants. In the next few years, immigration will account for virtually all the increase in public school spending.

Look at the $1.5 billion cost of incarcerating 267,000 criminal aliens in federal prisons. That's not the worst of it; prison capacity is limited, so 80,000 to 100,000 other criminal aliens have been prematurely released to prowl our streets. Criminals also impose heavy private costs on their victims. Rubenstein estimates the losses of income and property, hospital bills, and emotional suffering at $1.6 million per assault- or property-crime offender.

Rubenstein's report includes all sorts of costs that other observers conveniently ignore, such as the Earned Income Tax Credit. EITC gives an average cash payment of $1,700 per year to 1 in 4 immigrant households.

The emergency medical treatment given free to illegal aliens is another enormous cost, causing some hospitals and emergency rooms to close. Emergency means any complaint from hangovers to hangnails, gunshot wounds to AIDS.

Even after some restrictions were imposed in 1996, 24.2 percent of immigrant households receive Medicaid, whereas the figure for native-born Americans is 14.8 percent. Rubenstein calculates that Hispanics account for 19.2 percent of Medicaid enrollment, while they are 13.7 percent of the U.S. population.

The FHA has had a policy of increasing home ownership among low-income immigrants and therefore approved FHA mortgages on homes with a down payment of only $200 to $300 and marginal income. Since mortgagors have so little invested in the house, they can walk away from it when they can't meet the payments, and this has resulted in neighborhoods of abandoned, boarded-up housing.

Refugees are a large and growing fiscal burden because they become immediately eligible for generous taxpayer-paid benefits. Evidence shows they stay dependent on these programs and start chain-migrating relatives under the "family reunification" law.

The Interior Department spends millions of dollars to clean up the mountains of trash discarded by illegal aliens crossing into California, Arizona, New Mexico and Texas.

Some immigration advocates peddle the notion that immigration will solve the future financial burdens of Social Security. Rubenstein shows how foolish is this prediction because today's low-wage workers will surely become tomorrow's expensive retirees.

Another cost that few talk about is that immigrant workers depress the wages received by native-born Americans, and that causes a $100 billion shortfall in federal tax revenue. Harvard University Professor George Borjas found that each 10 percent increase in the U.S. labor force from immigration reduces wages of native-born Americans by 5.25 percent.

Some liberals are trying to tell us to fight a recession by bringing in more immigrants, but that would only raid the pockets of U.S. taxpayers to support more millions of non-taxpayers. It's hard to say which is more outrageous: the diversion of Americans' personal income into cash handouts to foreigners, or the federal government's policy of concealing the fiscal impact of immigration.

Thursday, April 17, 2008

Action Alert: HCR 2039~Anti-Sanctuary Measure

Tell Arizona Legislative Leaders to Bring Anti-Sanctuary Measure to a Vote!
This is a special message for NumbersUSA members in the State of Arizona.

Dear Arizona Friends,Arizona State Representative Russell Pearce is asking Arizonans to call Speaker Jim Weiers and Senate President Tim Bee to demand a vote on HCR 2039, a resolution that would:
  • Bar state or local governments from having any sanctuary policies, official or otherwise, that prohibit police officers from asking about their immigration status;
  • Require officers to question anyone arrested about their immigration status;·
  • Expand the state crime of trespass to include anyone on public or private property who is in violation of federal immigration laws; and
  • Allow police officers to either refer arrested illegal aliens to prosecutors or turn them over to U.S. Immigration and Customs Enforcement.

Rep. Pearce says Speaker Weiers and Senate Bee are holding back a vote on this measure, just as they did last year. If the measure passes the legislature and is vetoed by Gov. Janet Napolitano (a real possibility), it automatically goes to the ballot for voter approval. The four successful immigration reduction initiatives in 2006 were placed on the ballot in this very manner, as opposed to through the gathering of signatures.

Please call and/or email Speaker Weiers and Senate President Bee to ask for an up-or-down vote on HCR 2039, and to remind them that they promised not to hold back another vote on this measure.
It would be helpful to contact the five additional members listed below as well.
Speaker Jim Weiers(602) 926-4173jweiers@azleg.gov
Senate President Tim Bee(602) 926-5683tbee@azleg.gov

Other legislators to call
Senator Tom O'Halloran (602) 926-5584tohalleran@azleg.gov
Rep. Lucy Mason (602) 926-5874lmason@azleg.gov
Rep. Bill Konopnecki (602) 926-5409bkonopnicki@azleg.gov
Rep. Pete Hirschberger (602) 926-5839phershberger@azleg.gov
Rep. John Nelson (602) 926-5872jnelson@azleg.gov

Supporters of HCR 2039 are working on two fronts to enact the measure. In addition to the resolution, signatures are being gathered for the Support Our Law Enforcement (SOLE) initiative, which also would forbid illegal alien sanctuary policies throughout the state.

The Legal Arizona Workers (LAW) initiative, which is being headed up by Don Goldwater, is gathering signatures as well. It would expand on current Arizona law by permanently revoking a business license after the first time a business is caught hiring illegal aliens.Supporters of these initiatives are seeking both signatures and volunteers. Please visit the SOLE and LAW web sites and help get these measures on the ballot this fall.

Wednesday, April 16, 2008

HCM2013~AZ Temporary Worker Program: Memorial

HCM 2013 urges federal authorization for the Arizona Temporary Worker Program (ATWP). The bill requests that Congress does not increase current visa allocation numbers in order to implement ATWP. I am voting "NO" on this bill as I believe that we first need to secure our borders before implementing this program and I also believe that we need to increase the number of certain visas. (There are 23 different classifications.)

We are currently on the floor of the House voting on this piece of legislation and there are 39 ayes and 19 nays so far. Looks like this is not a party line vote since 4 Democrats are voting against this bill.

The bill passed 39-19.

HCR 2039~Illegal aliens; Enforcement; Trespassing

HCR2039 removes all Sanctuary Policies in the state and allows officers to inquire about legal status and to act on that info, and withholds money from cities or counties that have a policy that restricts law enforcement from enforcing the law only until they change their illegal policy and then restores the money. It also has a Trespass provision that makes it a state crime of trespassing if one enters or remains in Arizona in violation of federal law and allows law enforcement to turn over to ICE or arrest on the trespass provision and that provision was on the request of a couple of Sheriffs.


HCR2039 is endorsed by:

-Phoenix Law Enforcement Association (2500 officers)
-NAILEM: a neighborhood group of over 4000 citizens working for safer neighborhoods
-Sheriff Joe
-County Attorney Andy Thomas
-State Republican Party (endorsed in '07 and '08 unanimously at our state mandatory meeting)
-By over 75% of legal Arizona citizens

"This country has lost control of its borders. And no country can sustain that kind of position." - President Ronald Reagan

We are a nation of laws. We must have the courage – the fortitude – to enforce, with compassion but without apology, those laws that protect the integrity of our borders and the rights of our lawful citizens.

Thursday, March 27, 2008

Illegal Immigration Legislation

NOTE: The following is list of important bills from my good friend, State Representative Russell Pearce, who asked me to pass along this information.


HCR2039 that eliminates ALL sanctuary policies that restrict law enforcement from enforcing immigration law and creates a Trespass provision for anyone that enters or remains in Arizona in violation of federal law.

ENDORSED: Phoenix Law Enforcement Association, NAILEM, along with Sheriff Joe and County Attorney Andy Thomas.HCR2063; the election of Superior Court Judges in Maricopa and Pima Counties like currently exist in the other 13 counties. In Maricopa County after 78% of the public passed Prop. 100 last November, judges set bond for 94.7% of illegal aliens who were arrested for serious felonies all in violation of the Constitution as Amended by 78% of the public. (ENDORSED BY SHERIFF JOE AND ANDY THOMAS AND THE STATE REPUBLICAN PARTY)

HCR2041; This eliminates all affirmative action programs in the state. Does not stop proper exceptions for proper work discrimination. (supported by Andy Thomas and about 80% of the public)

HB2625; Goes after Commercial activities (smuggling, drop houses, etc) and allows the properties to be seized, including vehicles, also requires landlords or renting agents to not knowingly or recklessly rent to any illegal alien with up to $250 per day for any violations.

HB2745; Employer Sanctions HB2745 is strengthening HB2779. In 2007, the Legislature passedHB 2779: fair and legal employment act, establishing the most comprehensive employer sanctions legislation in the country. As is a result with most legislation, it is necessary this year to follow with a clean-up bill in order to clarify any unanticipated, and unintended, consequences of last year's legislation and strengthen the current language. At this time we will continue with the initiatives unless we get a real deal with the folks pushing the illegal employers initiative to drop theirs first. I do believe we have a good law, much stronger than the initiative in many ways, but if theirs pass it will gut our law. (ENDORSED BY EAST VALLEY CHAMBER OF COMMERCE, SEVERAL OTHER CHAMBERS, ARIZONA REPUBLICAN PARTY, AND MANY BUSINESSES AND OVER 80% OF THE PUBLIC)

HB2751; Returns the NO Drivers License to a Criminal violation, so one does not have to release someone with no ID and potential fugitive from justice, etc. Discretion of officer like it use to be (Supported by all of law enforcement)

Wednesday, March 12, 2008

House Passes Day Laborers Restrictions

News Release
Tuesday, March 11, 2008
FOR IMMEDIATE RELEASE

Kavanagh bill addresses growing day labor problems

(State Capitol, Phoenix) – Day laborers would be banned from standing on the side of the road seeking jobs under a bill passed by the House Tuesday.

HB2412 bans day laborers from standing on the side of the road, flagging down passing vehicles and helping to create a traffic and safety problem. Day laborers have been congregating in increasingly larger groups along streets, in parking lots, on sidewalks and on lawns.

“Too many people have decided that the best place to find work is along the roadside,” Kavanagh, R-Fountain Hills, said. “We cannot ignore the real nuisance and safety problems they create.”

They also stand in front of businesses, impeding regular commerce, Kavanagh said.

“These workers obstruct our streets and sidewalks while attempting to solicit work and prospective employers stop on the side of the road,” Kavanagh said. “Communities don’t need this kind of disruption.”

The bill now moves to the Senate for consideration.



Thursday, February 14, 2008

Last Call for E-Verify Demo

Dear Friends,

Over 1,000 people have participated in the Arizona Chamber of Commerce and Industry E-Verify webinars since August. With the new employer sanctions law in effect, every Arizona employer is required to use E-Verify to confirm the work authorization of new hires.

The Arizona Chamber will continue to hold these sessions each Thursday at 11 a.m. through the end of February. Beginning in March we will offer the webinars on a monthly basis. The sessions will be at 11 a.m. on the following dates:

Feb 14
Feb 21
Feb 28
Mar 20
Apr 17
May 15
Jun 17

It is vital that every employer learn about E-Verify and sign up for the program in order to be in compliance with Arizona law. To register for a webinar, send your name, company information, and participation date to info@azchamber.com.If you have any questions about the webinars, the Arizona law, or E-Verify, please don't hesitate to contact our office.

You can also view the U.S. Department of Homeland Security Employer Handbook on our website at: http://zewola.com/fs/d:l/wwau4vjfif4z8m/wwj10e11e68jqc/1

Arizona Chamber of Commerce and Industry
602.248.9172

Tuesday, February 12, 2008

No Driver's License for Illegal Immigrants

Utah House votes to repeal driver cards for immigrants in country illegally...not a bad idea!

Saturday, February 9, 2008

SB1482~Temporary Guest Worker Program

Howard Fischer's article in the Arizona Daily Star provides a few more details on the proposterous piece of proposed legislation that is Senate Bill 1482.

AZ State Rep. Kavanagh's Anti-Illegal Immigration Website

My colleague State Representative John Kavanagh, from LD 8 sent me this email update:

The new issue of http://www.protectazborder.com/, the anti-illegal immigration website of Arizona State Representative John Kavanagh, is now online. Read the latest news articles about national and Arizona-based illegal immigration topics. Also read about the negative effects illegal immigration has on Arizona and the United States.

In this issue:

1. Arizona's Employer Sanctions Law Survives Legal Challenge

2. Arizona Legislators Propose State Immigration Agency for Farm Workers

3. Could State Employer Sanctions Laws Be Heading for a Showdown at the U.S. Supreme Court?


... and much more

Friday, February 8, 2008

Arizona Temporary Worker Program

Friends, this is proposed legislation that you soon will be hearing about...I believe there is a press conference scheduled for Monday around 11:00 on the Senate lawn. Read the details of this bill & make your voices heard. Whether you support or oppose this legislation, please let me know.

Elements of the Arizona Temporary Worker Program:

1. The program is contingent upon authorization by Congress for an Arizona-only, state-administered temporary worker program.

2. Employers who state that they have a labor shortage and are unable to find local workers with the skills needed will submit an application of request to the Arizona Industrial Commission, which will administer the program. The employers will pay an application fee. The fees will fund the administration of the program.

3. Only citizens of Mexico will be eligible for the program.

4. Employers will recruit workers in Mexico with the skills they need. Workers will submit applications, and photographs and fingerprints will be taken, at Arizona State Offices within Mexico. The employer will submit the names and background information to the Arizona Industrial Commission. The names will be criminal background checked by the Department of Public Safety in cooperation with federal agencies, and a criminal background check will be done in Mexico through agreements with the Department of Public Safety and the appropriate law enforcement agency in Mexico .

5. Tamper-proof Legal worker cards will be printed by the Arizona Department of Transportation and delivered to the requesting employers. A second fee may be charged for the cards. Employers will send their recruiting agents to Arizona State Offices within Mexico to deliver the cards to the selected workers. Employers are charged with verifying that the worker who is issued the card is the same person that submitted the application.

6. Legal workers possessing an Arizona Temporary worker card will be legally able to enter the United States through ports of entry on the Mexico border (upon authorization by Congress) and return through these ports.

7. The Arizona Temporary Worker legal identification card will allow a non-citizen from Mexico to work in ARIZONA ONLY. Employers are required to explain to the workers they recruit that the card does not allow them to work in any other state, and if they are absent from work their card will be revoked and reported to law enforcement authorities.

8. If a worker does not show up for work for fourteen days and the employer is unable to locate him or her, the employer is required to notify the Arizona Industrial Commission, and the Department will cancel the legal worker card and notify the Department of Public Safety that that person no longer has legal authorization to be in the United States. The Department of Public Safety will notify appropriate federal agencies. If the employer offers vacation time, the worker is required to provide an address where he or she will be located.

9. The Arizona Temporary Worker program cards will be issued for a two-year period and will be renewable if the employer files another verification of need and application for foreign labor.

10. The intent of the program is to recruit needed foreign labor from our neighboring country of Mexico. Many agriculture workers currently live in Mexico and work legally during the day in Arizona, returning to Mexico every night. The program is limited to Mexico because that country will be able to conduct a criminal background check within their boundaries and coordinate with the Arizona Department of Public Safety and appropriate federal officials.

11. Industries included in this program may include but are not limited to: agriculture and meat producing industries; hotel and hospitality industries; contractors, homebuilders and subcontractors such as roofing and landscaping; hospitals and nursing homes; and other businesses that are in need of foreign labor.

12. Temporary workers with a criminal record in the United States or in Mexico are ineligible from the program.

UPDATE: More details should be forthcoming after the bill sponsors hold their press conference Monday morning at 11:00 am on the Senate Lawn. Hopefully, they will make time for legislators, including myself, to ask questions. Please feel free to forward me your questions and concerns and I will attempt to garner additional information on both the intended and unintended consequences of the passage of this bill.

Wednesday, January 30, 2008

Bill to Add "Teeth" to the Employer Sanctions Law

DRAFT COMPREHENSIVE BILL – EMPLOYMENT OF UNAUTHORIZED ALIENS

SUMMARY OF MAJOR PROVISIONS:

1. Criminal penalties added for document fraud in employment verification. Penalizes the giving, accepting or trafficking in fraudulent documents for employment verification (“I-9”) purposes to obtain or continue employment.

2. Treatment of “independent contractors” made consistent with federal law. Clarifies the treatment of independent contractors so it is the independent contractor (and not the person using the contract labor) who is liable unless the person using the contract labor knows the independent contractor employees are unauthorized aliens.

3. Definition of “employee” clarified. Clarifies the definition of “employee” to conform more closely to federal law by deleting the ambiguous phrase “employment relationship” and replacing it with “a person who provides services or labor for an employer in this state for wages or other remuneration.”

4. Mandatory investigation limited to written complaints only, but annoymous complaints are acceptable. Limits the requirement for mandatory investigations to those filed on a written complaint form prescribed by the Attorney General. The uniform complaint form cannot require notarization or the complainant’s social security number. Verbal complaints (including anonymous complaints) may, be investigated. The county sheriff or local law enforcement has authority to investigate complaints and assist the County Attorney's in each county. Also they have the 250 officers and resources of GIITEM to assist them if they request.

5. Anti-discrimination clause added. Prohibits the Attorney General or county attorney from investigating complaints based solely on race, color or national origin. (actually already clear in law)

6. Licensing sanctions more location-specific. Clarifies that the licensing sanction provisions apply to licenses held by the employer “specific to the business location where the unauthorized alien performed work.” In addition, the first and second violation provisions are clarified to ensure they are even more location-specific.

7. Drafting error corrected. Corrects the mistaken federal statutory reference in the I-9 affirmative defense section from 8 U.S.C. § 1324b to 8 U.S.C. § 1324a(b).

8. Affirmative defense for innocent mistakes in the I-9 process added for employers. Clarifies that an employer does not lose his affirmative defense if the employer has an “isolated, sporadic or accidental technical or procedural failure” to comply with the federal I-9 employment verification procedures, if made in a good faith attempt to comply with those requirements, that is to take care of honest mistakes as if forgetting to check a box.

9. Treble civil penalties added for employers who pay employees cash “under the table” illegally. Adds treble civil penalties for employers of two or more employees who pay hourly wages or salary by cash without complying with applicable income tax, employer recordkeeping, workers’ compensation and unemployment tax laws.

10. Government agencies prohibited from issuing or renewing licenses to applicants who are unauthorized aliens. Requires State, county and local agencies to verify that an applicant is lawfully present in the United States prior to issuing or renewing a license.

11. Other technical and minor changes made, including changing the title of the “Basic Pilot Program” to “E-Verify” to reflect the recent federal name change.

Wednesday, August 8, 2007

Catching Up

Last week I was in PHX working from my office at the Capitol, catching up with the Speaker, talking with Russel Pearce, getting to know my new assistant, Christina Miller, who I share with Representative Andy Tobin. Yes, that is right, share! In the Senate members each have their own assistant, but in the House, unless you are leadership you usually have to share.

I am getting ready to attend the Governor’s Rural Economic Conference next week. Ron Walker, the Mohave County Manager and Jonas Peterson, the Deputy Director of the Mohave County Community and Economic Development office are going to be there also. (I sold Jonas and his wife a house when they moved to Lake Havasu and now they attend our church.)

At the end of this month I am participating in the League of Cities & Towns annual conference where the theme is “Today’s Choices: Tomorrow’s Reality”. Kingman Mayor Les Byram is one of the conference planners so I expect him to attend and I believe Charlie Cassens will be there representing Lake Havasu City. Some of the topics being discussed at these events will include: Planning for Future Water Supplies, Planning for Growth at the Local, Regional, and State Level, Impact Fees, Workforce Housing~Inovative Ideas and Solutions, & Transportation~The Road (Rail, Air, & Transit) to the Future. I am looking forward to lively discussions on all of these vital areas and cannot wait to expand upon my knowledge!

The legislature is supposed to be holding CPS hearings at the end of the month, though I think they might be moved into September. The hearings will possibly be open to the public, which is unusual, but I do not think that they are planning on taking public testimony. I will let post the details as soon as Representative Kirk Adams, the chairman of the Government Committee, provides the information.

There is a little talk of special session whether to address the illegal immigration legislation or the unbalanced budget. I do not believe that this will come to fruition and from what I took from my time with Speaker Weier’s last week, he agrees.

Coming Soon: The Auditor General takes a look at Colorado City schools!