Advisory group raises concerns about employer sanctions

Some members of the business community say they are concerned that a new state law designed to penalize companies that hire illegal immigrants will lead to racial profiling.

“The law should say, ‘Complaints can’t be based on race,’” said Todd Sanders, vice president of the Phoenix Chamber of Commerce.

Sanders and 13 other business leaders are part of the Ad Hoc Committee on Arizona Businesses and Illegal Immigration organized by House Speaker Rep. Jim Weiers, R-Phoenix. The group, which includes those who support and oppose the law, will make recommendations for improvements.

As of Jan. 1, all Arizona employers will have to use a federal program that matches new employees with their Social Security numbers to determine their eligibility to work in the United States. Complaints regarding the legal status of workers would be addressed by the Attorney General’s office or county attorneys.

Employers caught knowingly hiring illegal immigrants are subject to a 10-day suspension of business licenses, such as those for liquor or landscaping. For a second citation, the government can permanently revoke a company’s licenses.

Richard Bark, an attorney from Gallagher & Kennedy, a firm specializing in business law, was among those raising concerns about profiling.

“I hate to think that someone could file a complaint just because someone is Hispanic,” Bark said.

However, House rules attorney Jim Drake told the committee that the law didn’t need language to prohibit discrimination based on race because there are already laws against that.

Committee members said they were worried companies would be subject to investigations based on frivolous complaints by citizens trying to be immigration vigilantes.

“There are a lot of businesses that are very concerned this could get out of hand,” said Armando Rios, owner of Rios Consulting in Tucson.

“If there’s a complaint, there needs to be some validity to it,” Weiers said. “Otherwise, it’s not fair to business.”

Frivolous or false complaints could be made by other businesses to hurt their competition, Weiers said.

“They shouldn’t have to investigate those types of complaints,” said Tim Dunn, owner of Dunn Farms in Yuma.

Committee members also raised concerns about the punishment for infractions. Revoking parent licenses could cause problems for owners who have multiple businesses, said committee member Jason LeVecke, who owns more than 50 Carl’s Jr. restaurants across the state.

LeVecke said certain businesses might not have site-specific licenses, meaning the only way to revoke a site’s license would be to strip the parent company’s license.

The group voted to reevaluate the language regarding site-specific licenses at a future meeting. It also agreed to discuss the possible confusion regarding whether or not an employer knowingly hires an illegal worker.

Cronkite News Service is as an intensive professional experience for advanced print and broadcast students in Arizona State University’s Walter Cronkite School of Journalism and Mass Communication.