State lawmakers took the first step late

Senate President Russell Pearce makes his case Tuesday night for a far-reaching measure to tighten up laws to deny benefits to illegal immigrants and create new state crimes like allowing someone not in this country to be arrested and jailed for driving in this state. (Capitol Media Services photo by Howard Fischer)

Tuesday to enact new laws designed to make

life more difficult “and in some cases, incarcerate”

those in this country illegally.

But the 7-6 vote in the Senate Appropriations

Committee came after two of the nine

Republicans on the panel broke with their

party and refused to go along. That could

mean an uncertain future for SB 1611 when

it goes to the full Senate.

The vote came after Senate President Russell

Pearce said he sees SB 1611 as simply

adding some additional teeth to a 2004 voter-

approved measure denying public benefits

to illegal immigrants. He said various efforts

in the interim, including interpretations

of that 2004 law by then-Gov. Janet Napolitano,

limited the scope.

He said this legislation will also strengthen

laws that still allow those not here legally

to benefit.

“If we’re going to stop this invasion -- and

it is an invasion -- you’re going to have to

stop rewarding people for breaking those

laws,’’ Pearce said. “I make no apology for

demanding the taxpayers be protected.’’

He specifically defended provisions that

would deny illegal immigrants admission to

state universities and community colleges.

“You can’t keep incentivizing people to

break our laws with a wink and a nod and

think you’re going to have any effect on securing

that border,’’ he said.

But Sen. Kyrsten Sinema, D-Phoenix, said

that presumes the students broke the law in

the first place. She said many of them were

brought to this country as children by their

parents, through no fault of their own.

Pearce said he has met many of these students

and was impressed by them -- but not

enough to change his mind about opening

the doors to state-funded schools.

He pointed out it is not only illegal to enter

this country illegally but also illegal to remain

here. Pearce said that, at some point,

these youngsters grew up enough to become

aware that they are in the United States without

legal authorization.

Sen. Rich Crandall, R-Mesa, one of the

Republicans who refused to go along, said

he found various flaws with the measure,

which Pearce conceded was hastily drafted

late last week. But Crandall said one overriding

concern is how some of the requirements,

like proving legal presence to operate

a vehicle, will affect tourism.

“I don’t want people flying in for the big

golf tournament or the auto auction and have

to bring their birth certificate with them,’’he

said.

Pearce, however, said the state needs to

step in because the federal government “is

complicit in the damage and the destruction

of this nation’’in failing to secure the border.

“Once they step one foot across that border,

they’re in Arizona,’’ Pearce continued.

“Now it becomes my obligation to protect

the citizens of the state.’’

Sinema had other problems with the proposal.

She expressed concern that this new

version making all “public benefits’’off limits

to illegal immigrants has no definition of

exactly what that includes.

“It could impact people who are seeking

shelter from domestic violence,’’ she said.

Pearce, however, said he doesn’t share her

concerns. He said that U.S. citizens are being

turned away from these often?overcrowded

shelters.

Sinema shot back that is because of the

lack of funding.

Less clear is whether illegal immigrants

could still get library cards.

Pearce refused to respond to questions

about that. Instead, he said lawmakers

should look at the broader public policy SB

1611 promotes.

“If you’re in the country illegally you

don’t have the right to public benefits,’’ he

said. “It’s called theft.’’

The proposal does not make public

schools off limits to illegal immigrants, at

least not officially. Instead, it spells out that

parents must provide some proof of the student’s

legal presence in this country, though

failure to do so does not deny admission.

What it would do, however, is trigger a requirement

for the school to notify law enforcement

that the parent did not provide that

proof.

Other provisions include:

à Making it a crime for an illegal immigrant

to drive in Arizona, with the vehicle

subject to seizure and forfeiture;

à Requiring companies to use the federal

E-Verify program to check the legal status of

new employees or be put out of business;

à Imposing a minimum 180-day prison

term on those convicted of taking someone

else’s identity, whether a real or fictitious

person, for the purpose of getting a job;

ÃAllowing the state to decide what constitutes

proof of citizenship for purposes of free

health care, not the standards set up by the

federal Medicaid program;

à Barring illegal immigrants from public

housing and evicting all residents if they let

someone not in this country legally to remain.