Arizona's Strict Hiring Sanctions Take Effect

A new state law punishing businesses that knowingly hire illegal immigrants takes effect Tuesday.

The law applies to current employees as well, prompting state and county officials to recommend employers check the records of all their employees.

Pima County Attorney Barbara LaWall said her staff will investigate only signed allegations made in person of possible violations of the Legal Arizona Workers Act. The law will be enforced by county attorneys around the state.

Agents from federal Immigration and Customs Enforcement are offering employers help through their new "IMAGE" program, aimed at reducing unauthorized employment.

Employers who first submit to an audit by ICE of hiring forms, called an I-9, can get training in proper hiring practices and fraudulent document detection.
Employers can lose their business license for up to 10 days for a first offense and permanently lose their license for a second offense.

The new Arizona law requires employers to verify that Social Security cards of current and prospective employees were actually issued to them and that the workers have the legal right to work in the United States. It's also up to the employer to make sure paperwork of noncitizens who have legal work documents is up to date.

The new Arizona law requires county attorneys to advise ICE agents of an "unauthorized alien."

The severity of the penalty for the employer is based on several factors, including the number of unauthorized aliens employed and the degree of harm resulting from the violations.

LaWall said all employers in Pima County should use the federal government's online Social Security verification system, E-Verify, to determine whether an employee is legally qualified to work in the U.S.

E-Verify is an automated link to the Social Security Administration's database and Department of Homeland Security immigration records.

LaWall said employers who use E-Verify have a measure of protection from sanctions because it shows that they did not "knowingly or intentionally" hire an "unauthorized alien."

A pamphlet on the new law is available from her office.

Source: Tucson Citizen