Employer Sanctions Law Will Result in Discriminatory Enforcement
By Kevin Rogers, Arizona Farm Bureau President
Arizona’s new employer sanctions law will result in discriminatory enforcement against employers who employ Hispanic workers. The new law’s sole dependence on an inadequate federal verification system and its lack of constitutional due process are the reasons the Arizona Farm Bureau, the state’s largest farm group representing agricultural employers, has joined with other business groups in a legal challenge against the new law.
Despite our frustrations over federal failures, regulation of immigration is a federal issue. We believe the federal courts should give guidance on the boundaries under which local governments can receive information, investigate allegations, consider evidence and take action against a business for immigration compliance matters. With constitutionality questions answered, we would call on the Arizona Legislature to develop an employer sanctions bill that is legal, fair and non-discriminatory.
We also support targeting those employers who are not complying with the nation’s hiring laws-those who employ under the table and off the books.
The Arizona Farm Bureau shares the public’s frustration as Congress again dodges the issue of both securing the border and appropriate worker visa programs. We have spoken out about the problems of illegal workers for years. We support securing the border and having a work force that is not filled with illegal workers who present fraudulent documents to employers. The system is fraught with illegal documents, but employers can do nothing effective until we are provided with verifiable documents tied to the applicant and a timely and accurate means to verify them.
With its dependence on the “basic pilot” for employers to verify legal workers, the program is set up for failure. There are only 17,000 U.S. employers who are registered for this program, with only one-half using it. Moreover, the system cannot detect fraudulent documents or multiple uses of fraudulent documents. This must be fixed.
There are approximately 139,000 Arizona employers, and I assure you there will be capability, reliability and timing issues as we ramp up use of this system. Have you ever known rapid increases in computer usage not to create problems? Employers only want legal and reliable labor and prospective employees just want a job.
Enforcement of the new law is driven by anonymous complaints from the public, fellow or past employees, competitors or anyone with a grudge. Local authorities “shall” investigate complaints that are not “frivolous” – a standard just above fanciful. You can bet most of these complaints will involve employees who appear to be Hispanic. In my book, this is profiling. This not only impacts the employee that is found to be illegal and the employer, but the remaining legal workers who find themselves out of a job because the business has been closed as a penalty.
Congress must deal with these issues in a timely and integrated manner. We do not need a patchwork of state and local immigration laws that will tie up the legal process – steps that will ultimately fail and only increase frustration over this issue.
We did not want to go to court. We prefer working out differences in a public policy arena. Employers will step up as a new line of enforcement as we screen employees and review their documents. But, along with this responsibility must come the authority and database so that the employment decisions I make will not be discriminatory and subject me to charges of discrimination.
Key Words: Immigration reform in Arizona
