Monday, August 25, 2008

Inside info on the Stop Illegal Hiring Act initiative

Immigration Law Reform Institute
Sharma Hammond, Esq. Issue No. 16, August 2008
In This Issue
Behind the Headlines
Bills to Watch Encouraging Illegal Immigration
Local Legislation
IRIL Tip of the Month

· Behind the Headlines

Arizona SIHA Initiative

The Stop Illegal Hiring Act ("SIHA") ballot initiative has been certified by the Arizona Secretary of State (see article). Drafters allege that the SIHA initiative, as its name suggests, would enhance the current Arizona Employer Sanctions Law. However, the title is misleading. The initiative, rather than enhancing, effectively guts the pioneering enforcement mechanisms in Arizona's current law.

The current Arizona law mandates that covered business entities register with the federal E-Verify program. E-Verify allows the employer to quickly and reliably confirm the work authorization status of a new hire online, and makes clear to employers that they are not to hire unauthorized aliens. For noncitizens, it also provides a photo that the business can compare to the identification document presented by the newly hired worker. This feature provides important additional protection against rapidly spreading identity theft crimes.

By making E-Verify use optional, SIHA would strip the Employer Sanctions law of any practical incentive to comply with employer sanctions laws. Prevention of illegal employment is the most effective means of deterring illegal immigration. The SIHA initiative will, if successful, remove the requirement for enrollment in the E-verify program; permit an employer's compliance with the I-9 paperwork process to serve as a non-rebuttable presumption that they have not violated the law; and, thus, limit the statute's effectiveness to employers and employees located in Arizona.

Allowing compliance with the I-9 process to serve as a "non-rebuttable presumption of innocence" will make it much harder to sanction a covered Arizona business owner from employing unauthorized aliens. The I-9 process requires an employer to receive two forms of identification "verifying" that a person has a lawful status, and to maintain a copy of the I-9 form in his file. However, this process is not enforced by the federal government. Therefore, an employer could - if not required to enroll in the E-verify program - accept two falsified forms of documentation from an illegal alien. Granting a "nonrebuttable presumption of innocence" to employers who merely accept false documents and fill out a non-enforceable I-9 form only encourages those employers to continue employing unauthorized aliens in violation of federal law.

Understandably, Arizona voters could easily be tricked into approving this initiative on the false premise that it provides harsher penalties for companies employing illegal aliens. Once enacted through the initiative process, it will be very difficult for the state legislature to amend or improve the law in the future. Activists and elected officials in Arizona need to protect the electorate and the public of the disinformation behind the SIHA initiative.

IRLI is a public interest law firm that provides technical legislative and legal defense services to assist state and local jurisdictions draft and defend laws that are worded appropriately, protect
principles of federalism and the liberties of citizens, and respect the constitutional rights of all. Until the federal government effectively enforces our immigration laws, it is in citizens' best interest that states and cities play an active and cooperative role. IRLI is a nonpartisan 501(c)(3) educational charity. Donations to support IRLI's legal advocacy work are tax-deductible and can now be made on-line.


Anonymous said...

Proposition 202 is one of the Biggest Smoke Screens in Arizona Elections History.
It's a Wolf in sheep's clothing.

Go to

Vote NO on 202!!

Anonymous said...

New info please read PLEASE HELP US 10/23/08
The Wigwam Golf Resort & spa 300 Wigwam Boulevard Litchfield Park , ARIZONA Alledgedly Breaking our immigration laws. (GOD BLESS AMERICA)

It is alledged that they are hiring illegals with bogus or stolen SSI numbers. Alledgedly the names of the persons giving our jobs away to illegals are the following. Mrs. martina and a Mrs. Barbara in Human Resourses at the wigwam golf resort & spa .They alledgedly are the ones that run E-verify checks on all new hires and tell us that they have lived up to the letter and spirit of the law. When they very well should know that most illegals working there are alledgedly working with some one else good stolen social security number and that is why they can pass an E verify check with flying colors it may very well be that the wigwam resort & spa May not be aware of what their Human Resourses personal are alledgedly up to. The Wigwam Golf Resort & spa 300 Wigwam Boulevard Litchfield Park, Arizona 85340 . I do not know if this true but if it is they are breaking our immigration laws. GOD BLESS AMERICA Here is where you can do to help. CALL sheriff Joe Arpio Illegal 24 Hour TIP HOT LINE 602-876-4154 and ask them to please look into this and find out if this employer the wigwam golf resort & spa is breaking the law .OR CALL THE WIGWAM RESORT AND ASKED THEM TO LOOK INTO THIS AND FIX IT OR ELS. HERE IS THEIR PHONE # 623-935-3811 Here is a link Thank you very much Please do not flag my ad. GOD BLESS AMERICA