Employer sanctions to be enforced across Arizona

By XAVIER ZARAGOZA
The Daily Dispatch
Published/Last Modified on Friday, January 4, 2008 3:02 PM MST


Starting Jan.1, 2007 Douglas employers must now be more vigilant about whom they hire.


Under the Legal Arizona Workers Act-–also known as employer sanctions–any business that knowingly hires an undocumented worker could face a suspension of their business license for up to 10 days on the first offense. On the second offense, they can lose their license to operate. The Legal Arizona Workers Act, considered the toughest employers sanction in the nation, was signed by Gov. Janet Napolitano on July 2 after gaining approval from the Legislature.

Arizona State Representative Russell Pearce was the author of the legislation. He was also the co-author of Proposition 200, which denies services to undocumented workers. Supporters of employer sanctions say the law drive illegal workers to move away from Arizona, reducing the costs incurred by schools, hospitals and the criminal justice system.

Critics, though, say the law will hurt the Arizona economy by driving off a valuable work force.

With the law now in effect, Douglas business owners need to keep in few things in mind:

√  Employers must use the free E-Verify system, formerly known as Basic Pilot Program, to check the status of new hires. The Internet-based system, allows employers to verify a person's employment eligibility.

√  Businesses can face civil sanctions, probation and suspended business licenses, for "intentionally" or "knowingly" hiring a person not legally authorized to work in the United States.

√  The offense can result in a loss of a business license for up to 10 days. If caught a second time while on a three-year probation, a business will permanently lose its license.

√ The local county attorney's office will investigate written complaints that are notarized and submitted in person.

√  If the complaint has merit, the county attorney must contact local police and U.S. immigration authorities about the alleged violators. Federal authorities can pursue their own actions against the business,  but the county attorney is still required to take the case to the Superior Court.

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