Prop 202 would amend state's employer sanctions law

Business-backed Proposition 202 would ease some of the key provisions of the state's employer sanctions law that allows the suspension or revocation of business licenses of firms found guilty of knowingly hiring undocumented workers.

Proponents say the existing law is too onerous and Proposition 202 would provide some relief to business owners who follow the rules while still ensuring a legal work force in Arizona.

Opponents, however, say the measure would give "employers amnesty" in advance of hiring illegal workers.

Proposition 202 is being pushed by the Stop Illegal Hiring coalition, comprised of business owners, agriculture leaders and those in the hospitality and fast food industries.

In his argument for the publicity pamphlet issued by the state, chairman Andrew Pacheco of Phoenix wrote that Proposition 202 would be tough but fair and enforceable.

"The Stop Illegal Hiring Act is fair because it protects innocent employees by targeting those employers who don't verify documents or who skirt taxes by paying cash only," he wrote. "It ensures a fair complaint process and protects law-abiding businesses and their employees."

Kevin Rogers, president of the Arizona Farm Bureau, which is a member of the coalition, told The Sun the proposition changes a couple of things in the existing law passed by the Legislature in 2007.

For one thing, the measure would provide some protection to employers from the consequences if an underling such as a foreman hired a worker illegally without the employer's knowledge, Rogers said.

"Currently, the law assumes the employer was aware," he said. "This would put some common sense into the process. They would still lose the employee who had bad papers but the business wouldn't be shut down."

Proposition 202 also does away with anonymous complaints, Rogers said. And it gets tougher on the use by illegal workers of stolen documents to obtain work.

It also would get tough on employers who pay their workers cash to get around the law's requirements, he said.

In addition, Rogers said, Proposition 202 would provide more options for verifying the legality of a new employee. The current law provides only for using the E-Verify system. Under the new measure, employers would also have the option of using I-9 forms.

"This provides some relief as there have been problems with E-Verify," Rogers said. "It's not always accurate and there have been other problems."

Rep. Russell Pearce, R-Mesa, who authored the employer sanctions law, call the new measure "voter fraud" in his argument against Proposition 202 in the publicity pamphlet.

"Arizona has the most effective, non-discriminatory employer sanctions law in the nation and it has been upheld in four court challenges, which were brought by the same folks who bring you this initiative," he wrote.

He said that requiring identification of those filing a complaint would stop employees from reporting violations and take away an important enforcement tool.

Pearce also took exception to the proposed use of I-9 forms to establish legality of a worker, saying workers provide fraudulent documents to it and that E-Verify is "99.7 percent accurate."

The Stop Illegal Hiring Act is "employer amnesty" and an effort by the backers to obtain "cheap" illegal labor, Pearce said.

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Joyce Lobeck can be reached at jlobeck@yumasun.com or 539-6853.