ACTION ALERT
Arizona Prop 202 -
Stop Illegal Hiring
Saturday, September 13, 2008
By Tim Rafferty
Arizona Prop 202 - Stop Illegal Hiring
Fraud for Arizona voters or put in another term,
A WOLF in sheep's clothing!
HISTORY
Arizona has the most effective,
non-discriminatory employer sanctions law in the nation. It has been
upheld in four court challenges. The Legal Arizona Workers Act, which
went into effect Jan. 1, 2008, requires all Arizona employers to
use the E-Verify program.
E-Verify is an essential tool to assure a legal workforce. It
achieves an
accuracy rate of 97 percent by matching names, birth dates, social security
numbers and, in some instances, photos for job
seekers.
As early as October of 2007,
before the new law went into effect, Arizona saw positive
results. Illegal workers were leaving voluntarily. Fraudulent documents
and identity theft that were previously used were no longer enough to
obtain employment.
The Stop Illegal Hiring
Act (Prop 202) was drafted for a consortium of businesses, chambers of
commerce, and trade associations seeking an endless supply of cheap illegal
labor. Those organizations would profit from a modern-day form of
slavery − exploiting illegal aliens. Those same groups were
responsible for legal efforts which were rejected by District Court and the
Ninth Circuit Court.
When legal challenges were
thrown out, those groups devised Stop Illegal Hiring. This
brilliant scheme is so deceptive. It counts on Arizona voters to only
read the title and not pay attention to the contents. These authors of
this proposition believe that the 70-75 percent of voters who
want only legal workers employed will not look at the
details.
Here is their deception.
THE
PROPOSITION
The "Stop
Illegal Hiring Act" guts the primary enforcement mechanisms of
the current employer sanctions law:
- It abolishes required use of
E-Verify. This is key change that the
initiative's backers cleverly buried on page seven. It would return E-Verify
to a voluntary program and allow employers to resume the former "wink and nod"
method of verifying employment eligibility through the I-9 process.
Federal Judge Walker
blasted the current federal I-9 process when he said 'The I-9 documents (that
workers present to companies) are fraudulent.' Proposition 202 backers
wish to perpetuate the same verification system that has been proven over 20
years to be rife with fraud and identity theft. Governor Napolitano
has stated that E-Verify is a very simple process and takes only minutes to
accomplish. If an employer complies with the I-9 requirement (which we know is
not enforced by the feds) this creates a non-rebuttable presumption they are
innocent (that means a court cannot find them guilty because it cannot
be rebutted.
- It requires to wait
until the Federal Government has taken action against an employer before
the state takes action. We all know how ineffective and useless
the Federal Government has been.
- It exempts thousands of
employers
by offering
the use of the same standards that have not worked in the past. It
removes corporations from the definition of "license." It has introduced
language to subject an employer to sanctions 'if the employer has more than four employees and pays hourly wages or
salary in cash and not by check or direct deposit to a financial institution?
and fails to make withholding deductions, fails to report new hires to the
Department of Economic Security or fails to provide coverage for workers
compensation. The same provisions already exist for violations by
employers with just one
employee. It also provides that out
of state employers (who are licensed in AZ) are not governed by the employer
sanctions law.
- It
eliminates the Silent Witness portion of the current law. All
complaints regarding employer violations of the law must be written and
signed. This would stop employees from reporting violations. Anonymous tips
are an important tool in taking criminals, including serial killers, off the
streets.
- It
imposes an impossible standard of proof. High-level managers who
are not officers or owners could hire illegal aliens with impunity, and would
not face any enforcement.
CONCLUSION:
Arizona citizens are not as naïve as
this proposition's sponsors assume!
Stop Illegal
Hiringsounds good, but is a veiled attempt to deceive voters by confusing them with a
concept with which they all agree. This proposition is "employer amnesty"
and will nullify HB2779. Don?t let the name fool you! Those supporting this
measure intend to make hiring of illegals easier with less chance of
penalty. DON'T BE DECEIVED!
It is
up to Arizona voters to
recognize deception.
Vote
No on Proposition 202.
More info at
www.stopproposition202.com
VOTE NO on Prop
202
It's not what they say it is!
www.stopproposition202.com
Tim Rafferty
2502 E. Huntington Dr.
Tempe, AZ
85282
480.491.8273
NOTE: In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed prior interest in receiving this information for non-profit research and educational purposes only. For further information please refer to: http://www.law.cornell.edu/uscode/17/107.shtml
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