Editorial: Inaction forces Arizona to lead the way

Gov. Janet Napolitano has no choice, really, as she decides whether to sign a bill that sanctions state employers who knowingly hire illegal immigrants.

The Democrat has talked tough on immigration since late in her first term and even lectured do-nothing lawmakers in Washington, D.C., this week on the importance of dealing with immigration.

The governor has until Monday to sign or veto the bill. A veto would be the height of hypocrisy for Napolitano, who told lawmakers that a lack of action paints Congress as “simply a loud sound box in Washington where nothing gets done.”

The legislation would make Arizona law the toughest in the nation in sanctioning employers. First-time offenders would be put on probation for three years, fined $2,500, have to file quarterly reports on hiring and could have their license suspended for up to 10 days. Employers who actively circumvent the ban on illegal hirings would face the loss of their license for at least 10 days.

A first-time offense and suspension would put some employers out of business. A second offender would face revocation of its business license.

As a result, critics and many business leaders in Arizona have called on the governor to veto the bill. They think the harsh terms would paint Arizona with an unhealthy business climate.

“We think addressing employer sanctions at the state level is a mistake. We believe it will be very harmful to the Arizona business climate and we’d like to see this issue addressed at the federal level,” said Jessica Pacheco, a lobbyist for the Arizona Chamber of Commerce and Industry.

We disagree, noting Congress’ inaction and pointing out that Arizona’s economy continues to boom. Thousands of new residents move to the state every week. Businesses will continue to open and expand because of the prospect of reaching new customers and recruiting good employees from across the country. The ones who hire illegal workers deserve to be sanctioned.

Arizona’s construction industry has relied on labor from across the border to build homes for all the new residents. The hot, difficult work makes it difficult to find employees. Illegal workers are willing to risk a trip across the searing Arizona desert to find work.

If Napolitano signs the bill, it will not cut off the influx of illegals immediately. Border crossers will continue to look for work in construction, agriculture and hospitality around the state. Eventually, though, the word will filter back to Mexico that Arizona is not the place to find a job without proper documentation.

The governor’s signature would be another part of the solution. She called on President Bush last year to send National Guard troops to the border, and he did. She has encouraged local law enforcement to train officers in detaining illegal border crosses. And she has let Congress know that if it will not address illegal immigration, the state will.

“The states are acting, converting local law enforcement into pseudo-immigration agents, increasing penalties for being in the country illegally, bit by bit,” Napolitano said. “This issue doesn’t disappear. Bill or no bill, the immigration issue is going to be with us, and has been with us. Best to deal with it now.”

Unfortunately, the prospect for federal legislation before the 2008 election was gutted Thursday. Supporters fell 14 votes short of the 60 needed in the Senate to limit debate and clear the way for passage of legislation, which was assailed by critics as offering amnesty to illegals.

We cannot wait until after the 2008 election to secure our border. Lives are being disrupted in the Green Valley area because we’re at the center of much of the illegal traffic.

Politicians in Washington refuse to find a solution. Napolitano and state legislators have to lead the way. If they cannot find solutions, state ballot referendums on immigration will emerge. One way or the other, the will of the people will be done.