Arizona

States are increasingly considering laws establishing employment eligibility verification requirements. In Arizona, two such bills have already been enacted and one is currently pending. Though the demand for quick action that compels Arizona lawmakers and their colleagues across the nation is understandable, creating a patchwork of uncoordinated verification systems undermines the efficacy of existing and potential federal approaches.

Immigration and Employment Verification

Enacted Legislation

HB 2779: Final version (July 2, 2007) prohibits an employer from knowingly employing an unauthorized alien. Provides that on receipt of a complaint that an employer allegedly knowingly employs an unauthorized alien, the attorney general or county attorney shall investigate whether the employer has violated subsection A. When investigating a complaint, the attorney general or county attorney shall verify the work authorization of the alleged unauthorized alien with the federal government. Provides that proof of verifying the employment authorization of an employee through the basic pilot program creates a rebuttable presumption that an employer did not knowingly employ an unauthorized alien. Effective September 9, 2007.

To view the final version of this bill, click here.

HB 2745: Final version (May 1, 2008) makes several revisions to the Legal Arizona Worker Act (HB 2779).  Among changes enacted as part of the bill, which took effect immediately because of its emergency clause, the state's employer-sanctions law now extends its reach toward employers who pay their workers "under the table" in cash. Those employers must comply with the state's tax-withholding and worker-compensation laws or face fines as high as $5,000.  Effective May 1, 2008.

To view the final version of this bill, click here.
 

Pending Legislation

SB 1482