The hottest topic at the Legislature as this is written is "employer sanctions"  -- that is, punishing those businesses who hire illegal aliens.  There are those who say that any employer found to have an unathorized worker on its payroll should be immediately thrown in jail.  The other extreme is to just ignore the problem, saying that businesses can't find anyone else who will do the work.  The challenge is to find something in the middle that works.

I'm an employer myself.  I don't believe that I should act as an immigration enforcer, nor do I believe that I am qualified as a document expert.  Those of you who heard me on the campaign trail last fall know that I am a proponent of a nationwide authorized to work card.  Some decry this as a "national I.D. card" with the government having too much information on its citizens.  But we already have a national I.D. card, known as our social security number.  How many transactions, none having to do with the original intent of this program, require us to show our card or provide our number?  The problem is with the paper card that is easily forged or counterfeited. I believe the "Real I.D." proposal, though expensive, is a step in the right direction.  In the meantime, most employers do what is required by federal law and try to behave responsibly.  The real problem is with those who openly flaunt the law and who hire anyone who is willing to work cheap.

Some in the legislature believe strongly that employer sanctions need to be part of the solution to the illegal immigration problem.  Others believe that public sentiment is so strong on this issue that something, almost anything, must be done to show that we are listening.  Thus, the big push to come up with a program that will satisfy both interests.  The bill currently under consideration (HB2779) specifically refers to "knowingly" hiring of illegals and uses the federal definition of this term.  It sets up an affidavit system that employers would have to sign stating that they do not and will no hire illegals aliens, then allows for prosecution of those who are found to be doing so with resulting fines and license revocation.  Frankly, this seems like a very convoluted system.  The basis is that the legislature is restricted from setting any laws in contravention of the federal law, but we can create an Arizona law that we can enforce. 

There is some concern that should the legislature fail to act, there will be an initiative put on the ballot that would actually harm the business community in serious ways.  It's hard to acknowledge that we would do something only in fear of what might be worse, but that will probably be the political reality.  Even if the contemplated bill does pass, the debate will not be over. 

Rep. Nancy McLain
District 3