Employer Sanctions Law – Will it Cause a Backup?

12/19/07

Permalink 04:45:03 pm, by Dawn McLaren Email , 199 words   English (US)
Categories: Announcements [A], Economics and Public Policy

Employer Sanctions Law – Will it Cause a Backup?

Everyone is talking about the employer sanctions law that comes into effect in January. Who will be affected? Seems to me that the small businessman sees himself (herself) as a likely target. Taking away the business license from someone who hires only two employees results in the loss of just two Arizona jobs. Shut down a large business that hires, for example, 500 employees and the economic impact is suddenly more serious. Is that how we should look at it?

If you're driving along a highway and see a curiosity at the side of the road, such as the carnival just south of Phoenix on the I-10, it's easy to spend a second or two looking at it. The problem is that the couple of seconds spent by each driver adds up to a long tie-up for the people at the back of the line. This is what could happen with small business and the employer sanctions law. Because small business sees itself as a likely target, small business hesitates to invest. While each small business is, well, small, the aggregate effect of small business in Arizona is large. We can't think of small business as just another two jobs.

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Comments, Pingbacks:

Comment from: Fred [Visitor] Email · http://www.meritcapitaladvance.com
Sounds like a great piece of legislation.
PermalinkPermalink 12/28/07 @ 12:00
Comment from: magyart [Visitor] Email
The AZ federal judge refused to postpone the implementation of the state's new law, which demands employers use E-Verify. His ruling was immedietely appealed to the 9th circuit. Amazingly, the 9th circuit refused to BLOCK this new law.

This law and the one in OK, both rely on the E-Verify system for employers verification of social security numbers. If it works in these states, it will work nationwide. I don't care if it's adopted state by state or all at once with the SAVE Act. More polititians and judges are starting to rule in favor of enforcement of our nation's laws. The Rep. Gov. of MO and the Dem. Attorney General are BOTH trying to implement the E-Verify System.

I ask all of you to consider supporting this new legislation. We must take the offense and keep the comprehensive reformers on the defense. We must use EVERY election to turn out or turn away those politians that FAIL to support enforcement of our laws.

Posted: Sat Dec 22, 2007 12:32 pm Post subject: Brking News and it is Good/Appeals court won't block AZ Law

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http://www.azstarnet.com/sn/printDS/217304

Published: 12.21.2007

BULLETIN: Appeals court won't block employer-sanctions law
By Howard Fischer
CAPITOL MEDIA SERVICES

The 9th U.S. Circuit Court of Appeals refused late Friday to issue a stay preventing Arizona's new employer-sanctions law from going into effect Jan. 1. The move came just hours after a federal judge in Phoenix rejected a request by business groups and others to block the state from enforcing its new employer sanctions law.

Judge Neil Wake said any delay in implementing the law which allows suspension or revocation of state licenses of companies that knowingly hire undocumented workers would harm the state and, in particular, legal Arizona residents.

"Those who suffer the most from unauthorized alien labor are those whom federal and Arizona law most explicitly protect,'' Wake said.
"They are the competing lawful workers, many unskilled, low-wage, sometimes near or under the margin of poverty, who strain in individual competition and in a wage economy depressed by the great and expanding number of people who will work for less,'' the judge continued.
"If the act is suspended, whether for a month or for years, the human cost for the least among us, measured by each person's continued deprivation, multiplied by their number, will be a great quantum.''

Conversely, Wake said the challengers to the law have not proven they will suffer any sort of hardship if the law takes effect as scheduled Jan. 1. He pointed out the county attorneys who would investigate complaints against employers all said in court they would not file charges against any violators before Feb. 1. Wake said that gives him time to consider the legal arguments of the groups who contend the statute is unconstitutional.

Nor was Wake convinced companies will suffer from the other requirement of the law that they check the legal status of new employees through the federal government's E-Verify system. He said their attorneys offered only "sweeping generalities'' of harm, mostly related to the cost of using the program.

He pointed out that none of the groups that actually sued claim they don't have a computer or Internet access.

"The only cost is employee time in learning the program ... and assisting new employees who wish to communicate with the federal government to resolve out-of-date government records,'' Wake wrote in his 29-page order. "That would be a few hundred to a few thousand dollars a year for the large majority of employers.''

Wake acknowledged there is a debate in this country about whether the benefits of having undocumented workers in this country, including lower labor expenses for employers, outweigh the costs.

But he said that is a decision not for him but instead for elected officials. And he said both Congress and now the Arizona Legislature have decided that the detrimental effects of illegal immigration "prevail over all who benefit from unauthorized alien labor.''

http://www.azstarnet.com/sn/printDS/217304
PermalinkPermalink 12/21/07 @ 23:16

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