http://hr.blr.com/news.aspx?id=76167
Arizona Enacts Nation's Strictest Immigration Law
Arizona governor Janet Napolitano has signed a bill widely believed to be the nation's most stringent crackdown, to date, on the employment of illegal aliens.
The Legal Arizona Workers Act, Chapter 279 of the Laws of 2007, bars employers from knowingly hiring unauthorized aliens, and establishes new criminal penalties.
Summary of provisions for employers. The new law contains two central features for employers. One is a new prohibition barring employers from knowingly or intentionally hiring illegal aliens. The other is a requirement that employers use the federal government's Basic Pilot Program to verify employee work eligibility.
An "employer" is defined as anyone who transacts business in the state, under a license issued by a state agency, and employing one or more people. The licenses involved are any permits, certificates, approvals, registrations, charters or similar forms of authorization required for operating a business in this state, including articles of incorporation and certificates of partnership, but not professional licenses.
Prohibition on knowingly or intentionally hiring unauthorized aliens. The new law defines "knowingly" as hiring an individual whom the employer knows is an undocumented worker, and "intentionally" as having the conscious desire to hire an undocumented person. Anyone may file a complaint alleging that someone is employing illegal aliens, and the state attorney general has the power to investigate those complaints, starting with verifying the person's work eligibility. If the attorney general decides that the complaint isn't frivolous, he or she notifies local law enforcement authorities, which begin prosecution.
Penalties for "knowing" employment. Employers found guilty of a first violation of knowingly employing an unauthorized alien may be ordered to terminate their employment. They also face suspension of their licenses, unless the company files a sworn affidavit with the county attorney, stating that the employer has terminated the person(s) and that the employer will not intentionally or knowingly employ an unauthorized alien.
If the affidavit is filed, the licenses are reinstated, but if it isn't filed, the court may suspend the company's licenses for up to 10 business days. The company will also be placed on probation for 3 years, requiring it to submit quarterly reports to law enforcement authorities on each new hire. If, during that period, an employer knowingly or intentionally hires an undocumented alien, its license will be revoked permanently.
Penalties for "intentional" employment. For a first violation of intentionally employing an unauthorized alien, the court may order the employer to terminate their employment and may suspend the appropriate licenses for a minimum of 10 business days. The company will also be placed on probation for 5 years, requiring quarterly reports to law enforcement authorities on each new hire. If, during that period, an employer knowingly or intentionally hires an undocumented alien, its license will be revoked permanently.
For both "knowing" and "intentional" offenses, license suspension decisions are based on the following factors: the number of unauthorized aliens employed by the employer; any prior misconduct; the harm resulting from the violation; whether the employer made good faith efforts to comply with the law; the duration of the violation; and the role of the company's managers in the violation.
Employer defenses. Employers have three defenses available to them. 1) If the employer can prove that it used the Basic Pilot Program to verify employment authorization, there is a rebuttable presumption that the company did not intentionally or knowingly employ an unauthorized alien. 2) If an employer can prove that it complied in good faith with the federal immigration law, it has an affirmative defense that it did not intentionally or knowingly employ an unauthorized alien. 3) If an employer believes in good faith that any of its actions would violate some other state or federal law, such as the antidiscrimination laws, it is not required to take that action.
Requirement of using the Basic Pilot Program. The law's second significant employer impact is that it requires every employer, after December 31, 2007, to use the federal government's Basic Pilot Program to verify employee work eligibility. That program involves use of a computer to check the employee's identifying information against federal government databases such as Social Security and immigration records.
Full Version: Arizona Enacts Nation's Strictest Immigration Law
QUOTE(FellowDemocrat @ Jul 12 2007, 07:04 PM) 
http://hr.blr.com/news.aspx?id=76167
Arizona Enacts Nation's Strictest Immigration Law
Arizona governor Janet Napolitano has signed a bill widely believed to be the nation's most stringent crackdown, to date, on the employment of illegal aliens.
The Legal Arizona Workers Act, Chapter 279 of the Laws of 2007, bars employers from knowingly hiring unauthorized aliens, and establishes new criminal penalties.
Summary of provisions for employers. The new law contains two central features for employers. One is a new prohibition barring employers from knowingly or intentionally hiring illegal aliens. The other is a requirement that employers use the federal government's Basic Pilot Program to verify employee work eligibility.
An "employer" is defined as anyone who transacts business in the state, under a license issued by a state agency, and employing one or more people. The licenses involved are any permits, certificates, approvals, registrations, charters or similar forms of authorization required for operating a business in this state, including articles of incorporation and certificates of partnership, but not professional licenses.
Prohibition on knowingly or intentionally hiring unauthorized aliens. The new law defines "knowingly" as hiring an individual whom the employer knows is an undocumented worker, and "intentionally" as having the conscious desire to hire an undocumented person. Anyone may file a complaint alleging that someone is employing illegal aliens, and the state attorney general has the power to investigate those complaints, starting with verifying the person's work eligibility. If the attorney general decides that the complaint isn't frivolous, he or she notifies local law enforcement authorities, which begin prosecution.
Penalties for "knowing" employment. Employers found guilty of a first violation of knowingly employing an unauthorized alien may be ordered to terminate their employment. They also face suspension of their licenses, unless the company files a sworn affidavit with the county attorney, stating that the employer has terminated the person(s) and that the employer will not intentionally or knowingly employ an unauthorized alien.
If the affidavit is filed, the licenses are reinstated, but if it isn't filed, the court may suspend the company's licenses for up to 10 business days. The company will also be placed on probation for 3 years, requiring it to submit quarterly reports to law enforcement authorities on each new hire. If, during that period, an employer knowingly or intentionally hires an undocumented alien, its license will be revoked permanently.
Penalties for "intentional" employment. For a first violation of intentionally employing an unauthorized alien, the court may order the employer to terminate their employment and may suspend the appropriate licenses for a minimum of 10 business days. The company will also be placed on probation for 5 years, requiring quarterly reports to law enforcement authorities on each new hire. If, during that period, an employer knowingly or intentionally hires an undocumented alien, its license will be revoked permanently.
For both "knowing" and "intentional" offenses, license suspension decisions are based on the following factors: the number of unauthorized aliens employed by the employer; any prior misconduct; the harm resulting from the violation; whether the employer made good faith efforts to comply with the law; the duration of the violation; and the role of the company's managers in the violation.
Employer defenses. Employers have three defenses available to them. 1) If the employer can prove that it used the Basic Pilot Program to verify employment authorization, there is a rebuttable presumption that the company did not intentionally or knowingly employ an unauthorized alien. 2) If an employer can prove that it complied in good faith with the federal immigration law, it has an affirmative defense that it did not intentionally or knowingly employ an unauthorized alien. 3) If an employer believes in good faith that any of its actions would violate some other state or federal law, such as the antidiscrimination laws, it is not required to take that action.
Requirement of using the Basic Pilot Program. The law's second significant employer impact is that it requires every employer, after December 31, 2007, to use the federal government's Basic Pilot Program to verify employee work eligibility. That program involves use of a computer to check the employee's identifying information against federal government databases such as Social Security and immigration records.
Arizona Enacts Nation's Strictest Immigration Law
Arizona governor Janet Napolitano has signed a bill widely believed to be the nation's most stringent crackdown, to date, on the employment of illegal aliens.
The Legal Arizona Workers Act, Chapter 279 of the Laws of 2007, bars employers from knowingly hiring unauthorized aliens, and establishes new criminal penalties.
Summary of provisions for employers. The new law contains two central features for employers. One is a new prohibition barring employers from knowingly or intentionally hiring illegal aliens. The other is a requirement that employers use the federal government's Basic Pilot Program to verify employee work eligibility.
An "employer" is defined as anyone who transacts business in the state, under a license issued by a state agency, and employing one or more people. The licenses involved are any permits, certificates, approvals, registrations, charters or similar forms of authorization required for operating a business in this state, including articles of incorporation and certificates of partnership, but not professional licenses.
Prohibition on knowingly or intentionally hiring unauthorized aliens. The new law defines "knowingly" as hiring an individual whom the employer knows is an undocumented worker, and "intentionally" as having the conscious desire to hire an undocumented person. Anyone may file a complaint alleging that someone is employing illegal aliens, and the state attorney general has the power to investigate those complaints, starting with verifying the person's work eligibility. If the attorney general decides that the complaint isn't frivolous, he or she notifies local law enforcement authorities, which begin prosecution.
Penalties for "knowing" employment. Employers found guilty of a first violation of knowingly employing an unauthorized alien may be ordered to terminate their employment. They also face suspension of their licenses, unless the company files a sworn affidavit with the county attorney, stating that the employer has terminated the person(s) and that the employer will not intentionally or knowingly employ an unauthorized alien.
If the affidavit is filed, the licenses are reinstated, but if it isn't filed, the court may suspend the company's licenses for up to 10 business days. The company will also be placed on probation for 3 years, requiring it to submit quarterly reports to law enforcement authorities on each new hire. If, during that period, an employer knowingly or intentionally hires an undocumented alien, its license will be revoked permanently.
Penalties for "intentional" employment. For a first violation of intentionally employing an unauthorized alien, the court may order the employer to terminate their employment and may suspend the appropriate licenses for a minimum of 10 business days. The company will also be placed on probation for 5 years, requiring quarterly reports to law enforcement authorities on each new hire. If, during that period, an employer knowingly or intentionally hires an undocumented alien, its license will be revoked permanently.
For both "knowing" and "intentional" offenses, license suspension decisions are based on the following factors: the number of unauthorized aliens employed by the employer; any prior misconduct; the harm resulting from the violation; whether the employer made good faith efforts to comply with the law; the duration of the violation; and the role of the company's managers in the violation.
Employer defenses. Employers have three defenses available to them. 1) If the employer can prove that it used the Basic Pilot Program to verify employment authorization, there is a rebuttable presumption that the company did not intentionally or knowingly employ an unauthorized alien. 2) If an employer can prove that it complied in good faith with the federal immigration law, it has an affirmative defense that it did not intentionally or knowingly employ an unauthorized alien. 3) If an employer believes in good faith that any of its actions would violate some other state or federal law, such as the antidiscrimination laws, it is not required to take that action.
Requirement of using the Basic Pilot Program. The law's second significant employer impact is that it requires every employer, after December 31, 2007, to use the federal government's Basic Pilot Program to verify employee work eligibility. That program involves use of a computer to check the employee's identifying information against federal government databases such as Social Security and immigration records.
Well... and lets look how well this worked. It worked so well that even the Republican (I forget his name) is trying to get Mexican labor back... 9 months later. Millions in lost taxes, millions in lost revenue - Not going over well at all.
The Associated Press
PHOENIX — As a labor contractor in the nation's winter lettuce capital, Francisco Chavez struggles to hire enough workers to pick and package the produce.
Last year, ripe romaine sometimes went bad in the fields around Yuma, Ariz., because Chavez didn't have enough people to harvest the crop, which must be picked by hand. "That's my challenge — to get the crews," he said.
Such complaints are becoming so common that lawmakers in Arizona and Colorado are considering creating their own guest-worker programs to attract more immigrant laborers. It's unclear whether states have the authority to adopt such measures, but legislators are tired of waiting for Congress to overhaul the immigration system — and they are taking matters into their own hands.
State Sen. Abel Tapia, the Democratic co-author of the Colorado proposal, lashed out at Washington: "You had your chance to do a comprehensive immigration package a year ago, and you didn't do it, and I can't imagine that you will have anything by 2010, so what are we to do in the meantime?"
The federal government has run guest-worker programs for more than a century, but congressional efforts to overhaul the system stalled in 2006 and 2007.
The Arizona proposal aims to create a program run entirely by the state. Employers could recruit workers through Mexican consulates if they can document a labor shortage and unsuccessful efforts to find local employees. If approved, the measure would admit an unlimited number of workers in a wide range of industries.
The Colorado proposal is intended to help chili, tomato and watermelon farmers. It's aimed at eliminating bottlenecks that slow federal applications for immigrant laborers. As an incentive for workers to return to their homelands, Colorado farmers would be required to withhold 20 percent of workers' wages and send the money after the workers move home.
The Arizona bill got unanimous approval last month from a legislative committee.
A sponsor of the Colorado proposal said she may scale back the bill because of opposition, reducing it to a program that would let the state hire labor firms in Mexico to find workers and help resolve procedural problems at U.S. consulates there. Neither measure has come to a vote before the full House or Senate.
Immigration law experts said states don't have the foreign-policy power to negotiate guest-worker agreements, but Congress could grant them permission to do so.
Democratic U.S. Rep. Silvestre Reyes of Texas, a former Border Patrol boss who supports revamping the nation's guest-worker programs, said it's unlikely states would get the necessary permission to arrange their own foreign labor.
He also said it's ironic that Arizona and Colorado are so eager for cheap foreign labor because in recent years both states have cracked down on illegal immigration.
"I'd say to the states: 'You can't have it both ways,"' Reyes said.
Kris Kobach, a law professor at the University of Missouri at Kansas City and an advocate of expanding state and local immigration efforts, said the proposals could never hold up in court. He said the Supreme Court has ruled that states cannot impose additional conditions on immigrants who are working legally in the United States.
Aside from the legal barriers, state-run guest-worker programs would probably face another hurdle: Businesses in other states that lean on Congress to sink the idea, because their rivals could pay lower wages and get a steadier supply of labor.
The Arizona bill is also opposed by some immigrant-rights groups, which have backed immigration-reform efforts but fear the state plans would exploit immigrants.
Hector Yturralde, president of Somos America, a coalition of immigrant-advocacy groups that has staged protests in Phoenix, likened the Arizona proposal to the "bracero" program that brought in Mexican farm laborers during World War II. It ended in 1964 amid allegations of worker abuse.
"It's indentured labor," Yturralde said, referring to the Arizona proposal.
Republican state Rep. Bill Konopnicki, a restaurant owner and an author of the bill, said the labor shortage in Arizona had been mounting for several years. It grew worse after passage of a new state law that punishes businesses for knowingly hiring illegal immigrants. That law has pressured many immigrants to leave.
Francisco Chavez, the Arizona labor contractor, said the 2007 labor shortage in the lettuce fields was eased by shrinking demand for lettuce that prompted farmers to plant less. But if demand rises, he said, labor contractors won't have enough workers, and prices could spike for consumers.
If field hands can't pick enough produce, Chavez said, shoppers "won't be able to have a salad, because there is no way to get it into the market."
http://www.tucsoncitizen.com/ss/border/79707.php
PHOENIX — As a labor contractor in the nation's winter lettuce capital, Francisco Chavez struggles to hire enough workers to pick and package the produce.
Last year, ripe romaine sometimes went bad in the fields around Yuma, Ariz., because Chavez didn't have enough people to harvest the crop, which must be picked by hand. "That's my challenge — to get the crews," he said.
Such complaints are becoming so common that lawmakers in Arizona and Colorado are considering creating their own guest-worker programs to attract more immigrant laborers. It's unclear whether states have the authority to adopt such measures, but legislators are tired of waiting for Congress to overhaul the immigration system — and they are taking matters into their own hands.
State Sen. Abel Tapia, the Democratic co-author of the Colorado proposal, lashed out at Washington: "You had your chance to do a comprehensive immigration package a year ago, and you didn't do it, and I can't imagine that you will have anything by 2010, so what are we to do in the meantime?"
The federal government has run guest-worker programs for more than a century, but congressional efforts to overhaul the system stalled in 2006 and 2007.
The Arizona proposal aims to create a program run entirely by the state. Employers could recruit workers through Mexican consulates if they can document a labor shortage and unsuccessful efforts to find local employees. If approved, the measure would admit an unlimited number of workers in a wide range of industries.
The Colorado proposal is intended to help chili, tomato and watermelon farmers. It's aimed at eliminating bottlenecks that slow federal applications for immigrant laborers. As an incentive for workers to return to their homelands, Colorado farmers would be required to withhold 20 percent of workers' wages and send the money after the workers move home.
The Arizona bill got unanimous approval last month from a legislative committee.
A sponsor of the Colorado proposal said she may scale back the bill because of opposition, reducing it to a program that would let the state hire labor firms in Mexico to find workers and help resolve procedural problems at U.S. consulates there. Neither measure has come to a vote before the full House or Senate.
Immigration law experts said states don't have the foreign-policy power to negotiate guest-worker agreements, but Congress could grant them permission to do so.
Democratic U.S. Rep. Silvestre Reyes of Texas, a former Border Patrol boss who supports revamping the nation's guest-worker programs, said it's unlikely states would get the necessary permission to arrange their own foreign labor.
He also said it's ironic that Arizona and Colorado are so eager for cheap foreign labor because in recent years both states have cracked down on illegal immigration.
"I'd say to the states: 'You can't have it both ways,"' Reyes said.
Kris Kobach, a law professor at the University of Missouri at Kansas City and an advocate of expanding state and local immigration efforts, said the proposals could never hold up in court. He said the Supreme Court has ruled that states cannot impose additional conditions on immigrants who are working legally in the United States.
Aside from the legal barriers, state-run guest-worker programs would probably face another hurdle: Businesses in other states that lean on Congress to sink the idea, because their rivals could pay lower wages and get a steadier supply of labor.
The Arizona bill is also opposed by some immigrant-rights groups, which have backed immigration-reform efforts but fear the state plans would exploit immigrants.
Hector Yturralde, president of Somos America, a coalition of immigrant-advocacy groups that has staged protests in Phoenix, likened the Arizona proposal to the "bracero" program that brought in Mexican farm laborers during World War II. It ended in 1964 amid allegations of worker abuse.
"It's indentured labor," Yturralde said, referring to the Arizona proposal.
Republican state Rep. Bill Konopnicki, a restaurant owner and an author of the bill, said the labor shortage in Arizona had been mounting for several years. It grew worse after passage of a new state law that punishes businesses for knowingly hiring illegal immigrants. That law has pressured many immigrants to leave.
Francisco Chavez, the Arizona labor contractor, said the 2007 labor shortage in the lettuce fields was eased by shrinking demand for lettuce that prompted farmers to plant less. But if demand rises, he said, labor contractors won't have enough workers, and prices could spike for consumers.
If field hands can't pick enough produce, Chavez said, shoppers "won't be able to have a salad, because there is no way to get it into the market."
http://www.tucsoncitizen.com/ss/border/79707.php
I particularly like this one... posted at the AZ government website
February 8, 2008
FOR IMMEDIATE RELEASE
Arizona Legislature to Address Temporary Workers for Arizona Only
STATE CAPITOL, Phoenix – Bills to create an Arizona Temporary Worker Program have been introduced in the State Legislature by Senator Marsha Arzberger (D-Willcox) and Representative Bill Konopnicki (R-Safford). The legislation is SB 1482 in the Senate and the Senate Concurrent Memorial petitioning Congress is SCM 1010. In the House, the bills are HB 2791 and HCM 2012.
“Since the federal government has not addressed immigration reform, many states are passing state laws that provide relief to local state problems,” said Senator Arzberger. “This program deals with the problem of Arizona employers’ need for legal immigrant workers.”
Rep. Konopnicki stated, “The proposed Arizona Temporary Worker Program is needed by Arizona businesses. It will help fill the need for workers in occupations that local workers are not available to fill. We have Arizona industries that are economically suffering for lack of an adequate workforce, including workers to pick their crops.”
“Historically, there have been several immigrant worker programs in the United States. All of them were created to fill an unmet need for workers, and the history records that I researched showed that each of these programs had a positive effect on the economy,” added Senator Arzberger.
Under the Arizona Temporary Worker Program, on request and application by an employer, the state of Arizona will issue Arizona temporary worker cards to sponsored foreign workers, after background checks. The cards will be non-forgeable. Fingerprints of recruited workers are required for background checks. The cards will be authorized for two years, with renewal upon the employer’s request and application. Employers will be required to comply with all employee-related state and federal laws.
Workers approved through the Arizona program can only work in Arizona and are not allowed to travel outside of Arizona. If a worker leaves the state, is absent from work for fourteen consecutive days, is convicted of a crime in Arizona, or cannot be located, the Industrial Commission will revoke the temporary worker legal identification card. Law enforcement and Immigration and Customs Enforcement will be notified that the worker’s legal immigration status is revoked and the worker is subject to deportation.
The legislation is SB 1482 in the Senate and HB 2791 in the House. The petitions to Congress are SCM 1010 and HCM 2012. In order to implement the program, Congress will need to authorize the Arizona program.
During the current economic slowdown, employers are searching for skilled workers to keep their industries operating at a profitable level. Industries that have expressed a need for legal workers include the agriculture, vegetable, hotel and hospitality, homebuilding, greenhouse, and hospital and nursing home industries.
“We need a legal and reliable labor supply. These bills sponsored by Senator Arzberger and Representative Konopnicki will help us achieve this. Arizona Farm Bureau thanks Senator Arzberger for recognizing the need for worker visas,” said Kevin Rogers, President of the Arizona Farm Bureau and a Maricopa County farmer.
“In Yuma, we need a system for winter vegetable farming that requires 20,000 to 30,000 seasonal workers during harvest. The visa system proposed by Senator Arzberger would allow temporary employees to go back and forth daily. Right now, we just don’t have an adequate labor force to accommodate the entire harvest,” said Tim Dunn, Vice President of the Arizona Farm Bureau, President of Dunn Grain Company, and Yuma resident.
"We must find a way to ensure Arizona businesses have access to a sufficient number of legal workers. Relying on our broken federal immigration system makes this nearly impossible, said Glenn Hamer, President and CEO of the Arizona Chamber of Commerce and Industry. "We are glad to see Sen. Arzberger working on a solution that will allow companies to take down their 'help wanted' signs."
"The Greater Phoenix Chamber of Commerce stands in support of Senator Marsha Arzberger’s first step in establishing an Arizona temporary worker program. SB 1482 and HB 2791 address the need for temporary labor in areas of the economy that suffer from shortages of local workers. This program promises to provide a legal and reliable method for matching qualified workers with Arizona businesses in need of temporary employees. I thank Senator Arzberger for her leadership and commitment to Arizona’s future," said Katie Pushor, President and CEO, Greater Phoenix Chamber of Commerce.
“We have seen the lack of available labor in Graham County and other parts of rural Arizona cause a great hardship on our agricultural community. It is increasingly difficult to find workers who can work in the fields planting, cultivating and harvesting crops. Our farmers face the very real threat that crops either would not be planted or worse could be left in the fields unable to be harvested. While we do not support illegal immigration or amnesty, we do recognize a very real need for labor to be able to come here legally on a temporary basis to fill specific job needs which are currently not being met,” said Jim Palmer, Chairman Graham County Board of Supervisors.
“Eurofresh, Inc., the largest agricultural entity in Graham County, produces tomatoes that are marketed internationally. Timely harvesting, packaging and shipping of the tomatoes is crucial. The opportunities provided in this legislation help assure their continuing success,” Mark Herrington, Graham County Supervisor.
“Arizona has unique problems and is a border state. Allowing legal workers to be authorized to cross through legal ports on the Arizona-Mexico border, with non-forgeable documentation, to fulfill a need for workers in this state will help our industries be productive and profitable. We believe this program has been structured with tight discipline and could be a real economic advantage to our state,” commented Senator Arzberger.
# # #
February 8, 2008
FOR IMMEDIATE RELEASE
Arizona Legislature to Address Temporary Workers for Arizona Only
STATE CAPITOL, Phoenix – Bills to create an Arizona Temporary Worker Program have been introduced in the State Legislature by Senator Marsha Arzberger (D-Willcox) and Representative Bill Konopnicki (R-Safford). The legislation is SB 1482 in the Senate and the Senate Concurrent Memorial petitioning Congress is SCM 1010. In the House, the bills are HB 2791 and HCM 2012.
“Since the federal government has not addressed immigration reform, many states are passing state laws that provide relief to local state problems,” said Senator Arzberger. “This program deals with the problem of Arizona employers’ need for legal immigrant workers.”
Rep. Konopnicki stated, “The proposed Arizona Temporary Worker Program is needed by Arizona businesses. It will help fill the need for workers in occupations that local workers are not available to fill. We have Arizona industries that are economically suffering for lack of an adequate workforce, including workers to pick their crops.”
“Historically, there have been several immigrant worker programs in the United States. All of them were created to fill an unmet need for workers, and the history records that I researched showed that each of these programs had a positive effect on the economy,” added Senator Arzberger.
Under the Arizona Temporary Worker Program, on request and application by an employer, the state of Arizona will issue Arizona temporary worker cards to sponsored foreign workers, after background checks. The cards will be non-forgeable. Fingerprints of recruited workers are required for background checks. The cards will be authorized for two years, with renewal upon the employer’s request and application. Employers will be required to comply with all employee-related state and federal laws.
Workers approved through the Arizona program can only work in Arizona and are not allowed to travel outside of Arizona. If a worker leaves the state, is absent from work for fourteen consecutive days, is convicted of a crime in Arizona, or cannot be located, the Industrial Commission will revoke the temporary worker legal identification card. Law enforcement and Immigration and Customs Enforcement will be notified that the worker’s legal immigration status is revoked and the worker is subject to deportation.
The legislation is SB 1482 in the Senate and HB 2791 in the House. The petitions to Congress are SCM 1010 and HCM 2012. In order to implement the program, Congress will need to authorize the Arizona program.
During the current economic slowdown, employers are searching for skilled workers to keep their industries operating at a profitable level. Industries that have expressed a need for legal workers include the agriculture, vegetable, hotel and hospitality, homebuilding, greenhouse, and hospital and nursing home industries.
“We need a legal and reliable labor supply. These bills sponsored by Senator Arzberger and Representative Konopnicki will help us achieve this. Arizona Farm Bureau thanks Senator Arzberger for recognizing the need for worker visas,” said Kevin Rogers, President of the Arizona Farm Bureau and a Maricopa County farmer.
“In Yuma, we need a system for winter vegetable farming that requires 20,000 to 30,000 seasonal workers during harvest. The visa system proposed by Senator Arzberger would allow temporary employees to go back and forth daily. Right now, we just don’t have an adequate labor force to accommodate the entire harvest,” said Tim Dunn, Vice President of the Arizona Farm Bureau, President of Dunn Grain Company, and Yuma resident.
"We must find a way to ensure Arizona businesses have access to a sufficient number of legal workers. Relying on our broken federal immigration system makes this nearly impossible, said Glenn Hamer, President and CEO of the Arizona Chamber of Commerce and Industry. "We are glad to see Sen. Arzberger working on a solution that will allow companies to take down their 'help wanted' signs."
"The Greater Phoenix Chamber of Commerce stands in support of Senator Marsha Arzberger’s first step in establishing an Arizona temporary worker program. SB 1482 and HB 2791 address the need for temporary labor in areas of the economy that suffer from shortages of local workers. This program promises to provide a legal and reliable method for matching qualified workers with Arizona businesses in need of temporary employees. I thank Senator Arzberger for her leadership and commitment to Arizona’s future," said Katie Pushor, President and CEO, Greater Phoenix Chamber of Commerce.
“We have seen the lack of available labor in Graham County and other parts of rural Arizona cause a great hardship on our agricultural community. It is increasingly difficult to find workers who can work in the fields planting, cultivating and harvesting crops. Our farmers face the very real threat that crops either would not be planted or worse could be left in the fields unable to be harvested. While we do not support illegal immigration or amnesty, we do recognize a very real need for labor to be able to come here legally on a temporary basis to fill specific job needs which are currently not being met,” said Jim Palmer, Chairman Graham County Board of Supervisors.
“Eurofresh, Inc., the largest agricultural entity in Graham County, produces tomatoes that are marketed internationally. Timely harvesting, packaging and shipping of the tomatoes is crucial. The opportunities provided in this legislation help assure their continuing success,” Mark Herrington, Graham County Supervisor.
“Arizona has unique problems and is a border state. Allowing legal workers to be authorized to cross through legal ports on the Arizona-Mexico border, with non-forgeable documentation, to fulfill a need for workers in this state will help our industries be productive and profitable. We believe this program has been structured with tight discipline and could be a real economic advantage to our state,” commented Senator Arzberger.
# # #
Arizona considers a guest worker program of its own
It is fast tracking bills that would allow the state to admit temporary workers from Mexico.
By Faye Bowers | Correspondent of The Christian Science Monitor
Phoenix - The state already at the cutting edge of immigration reform seems poised to undertake yet another experiment: a guest worker program created and administered by a state rather than by the federal government.
The Arizona legislature is expected on Monday to fast track bills to create a temporary worker program in the state. Even with the backing of top lawmakers, the bills face big hurdles, including sign-off from the feds. But if approved, they would streamline the process for Arizona employers to hire temporary workers from Mexico – and would serve as a model for national reform, say supporters.
At the same time, Arizona is pursuing a separate path to try to ensure that employers here, mainly in agriculture, have enough workers to bring in the crops. Gov. Janet Napolitano (D) is proposing that Arizona serve as a pilot for testing changes – some proposed by states bordering Mexico and others by US Labor Secretary Elaine Chao – to the existing federal program for granting visas to farm laborers from abroad.
Arizona already has the toughest employer sanctions law on the books – a possible reason, some experts say, employers are finding it more difficult to find an adequate number of workers now. Others, though, say that worker shortages here are chronic and that the real problem is lack of comprehensive immigration reform at the federal level.
Other states register similar complaints.
"We've heard from lawmakers around the country who are concerned" about flaws in the existing visa program for farm workers, says Sheri Steisel, an immigration policy expert at the National Conference of State Legislatures in Washington. "Other states are going to watch this Arizona effort."
Guest worker programs, of course, have a long history in the US. There was one during World War I and another, known as the bracero (strong arm) program, from World War II until 1964. The latter, critics say, led to massive immigration, both documented and undocumented.
Currently, the Department of Labor oversees a program created in 1986, dispensing H-2A visas for farm workers and H-2B visas for those in other industries. Government officials and analysts alike say the former is a bureaucratic morass and is little used by employers. On Feb. 6, the Labor Department proposed changes – the first in 20 years – to make the H-2A program more efficient. In a statement announcing the changes, the department acknowledged that "only a little more than 75,000 workers participate in the H-2A program, while there are an estimated 600,000 to 800,000 illegal immigrant workers on America's farms."
Changes include a procedure to more fairly calculate wages for foreign workers and ways to cut red tape, making it easier and swifter to hire foreign workers, particularly at harvest time. To protect domestic workers, the proposed changes increase the time employers would be required to recruit American workers before resorting to hiring foreign labor.
"The governor is glad [Secretary] Chao is considering changes," says Dennis Burke, chief of staff for Governor Napolitano, but is "not enamored" of a process that did not consult the states.
Arizona is home to a huge agricultural center at Yuma, where 80 to 90 percent of lettuce consumed in the US in the winter is grown. After meeting with farm workers and growers there, Napolitano wrote to Chao two days before the Labor Department's proposed changes were released. In her letter, she identified problems that "defeat the current H-2A program's stated purpose" and offered to lead an effort among border states to help revise the program.
Napolitano also backs in-state moves to create a guest worker program. Twin bills were first filed in February and have been gaining support. They are set to be reintroduced Monday with the Senate and House leaders as cosponsors. "With the leadership sponsoring, I expect the bills to fast track through," says Sen. Marsha Arzberger, the initial sponsor.
The measures would spare agricultural employers the arduous US approval process, Senator Arzberger says. Instead, an employer would send only one application, laying out the need for foreign labor, to the Industrial Commission of Arizona. If the commission certifies that Arizona lacks enough workers to fill the need, the employer can recruit in Mexico.
Prospective employees in Mexico go to the US consulate, undergo background checks, and, if certified to enter the US, receive employment cards to work in the US for two years, versus the 10 months now allowed under the federal program.
Lost in this discussion, critics say, is that the programs don't work.
"One argument made now about why we need a guest worker program is that it will end undocumented immigration," says Luis Plascencia, an expert on Mexican migration and guest worker programs at Arizona State University in Tempe. "It's the exact opposite. The bracero program and ensuing efforts stimulated illegal immigration…. Once migratory movements start, they become self-perpetuating."
Critics also cite a lack of enforcement, either against employers who abuse workers or workers who overstay their visas. The US government doesn't have the manpower or resources to do it now, experts say, and neither does Arizona.
While immigration policies give the impression that authorities have a handle on the problem, says John Garcia, an expert on public policy and immigration at the University of Arizona in Tucson, "there is a real problem with enforcement.
http://www.sedona.biz/arizona-guest-worker-program0108.htm
It is fast tracking bills that would allow the state to admit temporary workers from Mexico.
By Faye Bowers | Correspondent of The Christian Science Monitor
Phoenix - The state already at the cutting edge of immigration reform seems poised to undertake yet another experiment: a guest worker program created and administered by a state rather than by the federal government.
The Arizona legislature is expected on Monday to fast track bills to create a temporary worker program in the state. Even with the backing of top lawmakers, the bills face big hurdles, including sign-off from the feds. But if approved, they would streamline the process for Arizona employers to hire temporary workers from Mexico – and would serve as a model for national reform, say supporters.
At the same time, Arizona is pursuing a separate path to try to ensure that employers here, mainly in agriculture, have enough workers to bring in the crops. Gov. Janet Napolitano (D) is proposing that Arizona serve as a pilot for testing changes – some proposed by states bordering Mexico and others by US Labor Secretary Elaine Chao – to the existing federal program for granting visas to farm laborers from abroad.
Arizona already has the toughest employer sanctions law on the books – a possible reason, some experts say, employers are finding it more difficult to find an adequate number of workers now. Others, though, say that worker shortages here are chronic and that the real problem is lack of comprehensive immigration reform at the federal level.
Other states register similar complaints.
"We've heard from lawmakers around the country who are concerned" about flaws in the existing visa program for farm workers, says Sheri Steisel, an immigration policy expert at the National Conference of State Legislatures in Washington. "Other states are going to watch this Arizona effort."
Guest worker programs, of course, have a long history in the US. There was one during World War I and another, known as the bracero (strong arm) program, from World War II until 1964. The latter, critics say, led to massive immigration, both documented and undocumented.
Currently, the Department of Labor oversees a program created in 1986, dispensing H-2A visas for farm workers and H-2B visas for those in other industries. Government officials and analysts alike say the former is a bureaucratic morass and is little used by employers. On Feb. 6, the Labor Department proposed changes – the first in 20 years – to make the H-2A program more efficient. In a statement announcing the changes, the department acknowledged that "only a little more than 75,000 workers participate in the H-2A program, while there are an estimated 600,000 to 800,000 illegal immigrant workers on America's farms."
Changes include a procedure to more fairly calculate wages for foreign workers and ways to cut red tape, making it easier and swifter to hire foreign workers, particularly at harvest time. To protect domestic workers, the proposed changes increase the time employers would be required to recruit American workers before resorting to hiring foreign labor.
"The governor is glad [Secretary] Chao is considering changes," says Dennis Burke, chief of staff for Governor Napolitano, but is "not enamored" of a process that did not consult the states.
Arizona is home to a huge agricultural center at Yuma, where 80 to 90 percent of lettuce consumed in the US in the winter is grown. After meeting with farm workers and growers there, Napolitano wrote to Chao two days before the Labor Department's proposed changes were released. In her letter, she identified problems that "defeat the current H-2A program's stated purpose" and offered to lead an effort among border states to help revise the program.
Napolitano also backs in-state moves to create a guest worker program. Twin bills were first filed in February and have been gaining support. They are set to be reintroduced Monday with the Senate and House leaders as cosponsors. "With the leadership sponsoring, I expect the bills to fast track through," says Sen. Marsha Arzberger, the initial sponsor.
The measures would spare agricultural employers the arduous US approval process, Senator Arzberger says. Instead, an employer would send only one application, laying out the need for foreign labor, to the Industrial Commission of Arizona. If the commission certifies that Arizona lacks enough workers to fill the need, the employer can recruit in Mexico.
Prospective employees in Mexico go to the US consulate, undergo background checks, and, if certified to enter the US, receive employment cards to work in the US for two years, versus the 10 months now allowed under the federal program.
Lost in this discussion, critics say, is that the programs don't work.
"One argument made now about why we need a guest worker program is that it will end undocumented immigration," says Luis Plascencia, an expert on Mexican migration and guest worker programs at Arizona State University in Tempe. "It's the exact opposite. The bracero program and ensuing efforts stimulated illegal immigration…. Once migratory movements start, they become self-perpetuating."
Critics also cite a lack of enforcement, either against employers who abuse workers or workers who overstay their visas. The US government doesn't have the manpower or resources to do it now, experts say, and neither does Arizona.
While immigration policies give the impression that authorities have a handle on the problem, says John Garcia, an expert on public policy and immigration at the University of Arizona in Tucson, "there is a real problem with enforcement.
http://www.sedona.biz/arizona-guest-worker-program0108.htm
Okay now - I agree there has to be immigration laws. Just as I posted two years ago in the immigration folder here, that if a state was able to successfully rid themselves of most of the illegals farm workers they would be in a pile of do-do. Lou Dobbs said .. No, that the cost of lettuce would only go up about .50 and his other long list of produce which came out to some measly number.
Let's face a few facts here. In 50 years I've NEVER seen a 'white' person picking anything from the Salinas Valley. Not once. Not when times were extremely bad or when times were good. After picking many crates over the years for personal use with permission I can sure tell you why, it's backbreaking work.
We are going to be facing a food shortage that is going to drive prices and availability sky high. It seems absolutely ridiculous to me to see tons and tons of much needed produce falling and rotting on the ground.
Well welcome to the real world of Border states and their dependency on Mexican workers to hand pick the food we eat.
I can't find the dang TV interview with the Dem and ® Reps of Arizona but they are not only crying the blues over the crops going unpicked - but they have lost millions in taxes and revenue (which upsets them worse than the food that's not being picked). It was on the news today, but darned if I can find it now.
Let's face a few facts here. In 50 years I've NEVER seen a 'white' person picking anything from the Salinas Valley. Not once. Not when times were extremely bad or when times were good. After picking many crates over the years for personal use with permission I can sure tell you why, it's backbreaking work.
We are going to be facing a food shortage that is going to drive prices and availability sky high. It seems absolutely ridiculous to me to see tons and tons of much needed produce falling and rotting on the ground.
Well welcome to the real world of Border states and their dependency on Mexican workers to hand pick the food we eat.
I can't find the dang TV interview with the Dem and ® Reps of Arizona but they are not only crying the blues over the crops going unpicked - but they have lost millions in taxes and revenue (which upsets them worse than the food that's not being picked). It was on the news today, but darned if I can find it now.
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