In Arizona, new law could impede winter harvest
In Arizona, new law could impede winter harvest
A new law that penalizes Arizona employers who hire illegal immigrants took effect at the start of 2008, and many are calling it the most Draconian anti-immigration law in the nation -- one that could have a major impact on the nation's winter vegetable supply.
Under the new Legal Arizona Workers Act, businesses that knowingly hire illegal immigrants could face a business-license suspension of up to 10 days on a first offense and lose their license for a second offense. Each illegal hire would be one offense, so a grower with two undocumented workers could be faced with immediate loss of the legal ability to operate within the state.
To answer the argument that employers often hire falsely documented workers not knowing that they are illegal, the law requires employers to use the U.S. Department of Homeland Security's E-Verify to confirm the legal status of any new worker.
Jason Resnick, assistant general counsel for Western Growers Association, said that the law applies only to new hires and not to workers already on the payroll. In fact, he said that employers cannot go back and recheck documentation of existing employees. For this reason, he said that WGA has advised its members to enact a hiring freeze if they can until a suit challenging the new law is heard in an Arizona court in mid-January.
In December, a judge in that case refused to grant a temporary restraining order blocking the Jan. 1 implementation of the law but did set a Jan. 16 court date to hear the merits of the case and determine if a preliminary injunction is warranted. The judge also told county attorneys to refrain from prosecuting employers until after such time as he renders his decision on the preliminary injunction.
County attorneys, who are charged with enforcing this law, are allowed to accept complaints and launch investigations prior to the judge's ruling. "If at all possible, we are advising our members to refrain from hiring until after that decision comes out," said Mr. Resnick. "Employers are fine as long as they use employees hired before Jan. 1."
While the law and DHS's E-Verify system have received much publicity in Arizona, very few employers had signed up for the system. Press reports say that only about 7 percent of the state's approximately 150,000 employers had signed up for the program by Jan. 1. Mr. Resnick said that this number was "surprisingly low," but he said that employers who are not hiring do not need to sign up until they are.
Yuma's vegetable harvest is in full stride, and so most employers already had a full contingent of employees by Jan. 1. For this reason, the law might not have an immediate impact on the availability of workers, but it is almost certain that it will eventually cause shortages. There is no doubt that a significant percentage of agricultural workers in the region are falsely documented.
To the extent that the E-Verify system can correctly identify those workers, labor shortages are expected to occur as the season moves forward and there is a need to hire more workers.
WGA's Arizona government affairs analyst, AnnaMarie Knorr, said that besides the court case, business groups are also pursuing legislative remedies. While repeal of the law does not appear likely, she said that there are some measures being contemplated that could lessen its impact. Many are saying that a business should not lose its license because a representative of that business knowingly hires a couple of illegal workers. She said this hurts the business but it also would hurt all those legal workers employed by that business.
Under the new Legal Arizona Workers Act, businesses that knowingly hire illegal immigrants could face a business-license suspension of up to 10 days on a first offense and lose their license for a second offense. Each illegal hire would be one offense, so a grower with two undocumented workers could be faced with immediate loss of the legal ability to operate within the state.
To answer the argument that employers often hire falsely documented workers not knowing that they are illegal, the law requires employers to use the U.S. Department of Homeland Security's E-Verify to confirm the legal status of any new worker.
Jason Resnick, assistant general counsel for Western Growers Association, said that the law applies only to new hires and not to workers already on the payroll. In fact, he said that employers cannot go back and recheck documentation of existing employees. For this reason, he said that WGA has advised its members to enact a hiring freeze if they can until a suit challenging the new law is heard in an Arizona court in mid-January.
In December, a judge in that case refused to grant a temporary restraining order blocking the Jan. 1 implementation of the law but did set a Jan. 16 court date to hear the merits of the case and determine if a preliminary injunction is warranted. The judge also told county attorneys to refrain from prosecuting employers until after such time as he renders his decision on the preliminary injunction.
County attorneys, who are charged with enforcing this law, are allowed to accept complaints and launch investigations prior to the judge's ruling. "If at all possible, we are advising our members to refrain from hiring until after that decision comes out," said Mr. Resnick. "Employers are fine as long as they use employees hired before Jan. 1."
While the law and DHS's E-Verify system have received much publicity in Arizona, very few employers had signed up for the system. Press reports say that only about 7 percent of the state's approximately 150,000 employers had signed up for the program by Jan. 1. Mr. Resnick said that this number was "surprisingly low," but he said that employers who are not hiring do not need to sign up until they are.
Yuma's vegetable harvest is in full stride, and so most employers already had a full contingent of employees by Jan. 1. For this reason, the law might not have an immediate impact on the availability of workers, but it is almost certain that it will eventually cause shortages. There is no doubt that a significant percentage of agricultural workers in the region are falsely documented.
To the extent that the E-Verify system can correctly identify those workers, labor shortages are expected to occur as the season moves forward and there is a need to hire more workers.
WGA's Arizona government affairs analyst, AnnaMarie Knorr, said that besides the court case, business groups are also pursuing legislative remedies. While repeal of the law does not appear likely, she said that there are some measures being contemplated that could lessen its impact. Many are saying that a business should not lose its license because a representative of that business knowingly hires a couple of illegal workers. She said this hurts the business but it also would hurt all those legal workers employed by that business.
