Draconian Employer Sanctions not Answer to Illegal Immigration

The following article originally appeared in the Sunday, March 18, 2007 issue of The Yuma Sun in its Business section.

By John Boelts

There is an old adage about being careful what you wish for - your wish may come true and you may not like the consequences. This applies to the issue of immigration.

I will not condone or excuse illegal immigration. I respect the law, but the law must also respect reality.

For almost 20 years, the federal government has largely ignored the movement of people across our southern border.

Attention to that is changing, but the lack of interior enforcement allowed a situation to be mostly unchecked.

At the same time, the need for entry-level skilled workers has been increasing.

Due to many factors, this labor supply is simply not available from the native born, and outside of agriculture we have visas for 1 percent of these labor needs. This carries with it many ramifications, but it is a reality.

Congress has not acted in a comprehensive fashion to address all of these issues, and at this moment  "employer sanctions" are being heavily debated at our state Capitol, but the devil is going to be in the details.

First of all, federal law pre-empts many things the state would like to do or wish it could do. Definitions have to be carefully crafted.

The two principal reasons for illegal hiring are some employers' operating off the books and under the table, and the proliferation of fraudulent
documents.

At the moment, there is little the state can do about the latter. In our zeal to go after the former, we must be careful not to create a dragnet around all employers.

Secondly, are we talking about simply technical or paperwork violations by employers?

We must consider the nature of the offense, the cooperation of the employer with law enforcement and if the behavior was repeat business.

So far, most of the sanctions under discussion at the state level do not account for this.

States can pull licenses, essentially a death sentence for a business, but we should consider all of the circumstances. I believe it is called "due process."

States acting alone, in too draconian of a fashion, will find labor and business avoiding that state. Right now, Colorado is seeing its wish come true with passage of the toughest (so far) employer sanctions legislation in the nation.

Labor is a commodity. Nevertheless, unlike other commodities it has a face, a history and hopes. It must be respected at all levels for its unique human characteristics.

But from an economic point of view, it must be respected as it is complimentary.

My ability to have a job and to perform my job is based on a system of interdependency. My productivity is dependent on the productivity of those who work for me, and this is true for every industry.

If Arizona reaches too far on employer sanctions, everyone's job and the economy will be in peril. Our energy would be better directed at the federal government for comprehensive reform: border security, fraud-proof documents, reliable means of verification and reform of our visa system.

Immigrants have hopes and dreams congruent with our deepest American ideals.

That is why they come. Businessmen of all types have these hopes and dreams, and that is why they employ people to build, grow and create.

Let us ensure that the actions of our government are prudent, appropriate and work to facilitate these ideals.

To view story in The Yuma Sun
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John Boelts is the president of the
Yuma County Farm Bureau.
Key words: Immigration reform in Arizona