PHOENIX (February 29, 2024) - A new immigration proposal was debated on at the Arizona State Capitol on Feb. 19, if passed HCR2060 would be submitted to voters in November.
Currently, Arizona employers are required to use E-Verify, a background system to ensure would-be employees are legally in this country and eligible to work. If passed, HCR2060 would extend the requirements to some independent contractors.
The resolution adds several new elements to the state’s E-Verify law passed in 2007. HCR2060 adds penalties for employers, defined as any individual or type of organization that transacts business in Arizona, that refuse to use E-Verify to include fines or a Class 6 felony.
A summary of the provisions in HCR2060 follows:
- Requires a municipality or county that receive state monies for a public welfare program to use the E-Verify program to verify the adult recipient is lawfully present in the United States under federal law before disbursing public welfare monies.
- Directs the municipality or county to keep a record of the citizen verification for at least three years.
- Establishes that due to the economic and fiscal impact of illegal immigration on Arizona, regulating public welfare programs that use state monies is a matter of statewide concern.
- States that a person commits obstruction of the legal duty to use E-Verify by committing any completed or preparatory offense for the benefit of any person who has the intent to obstruct a person from using the E-Verify program and a violation is a class 6 felony.
- Modifies the definition of employer within statute relating to employment practices by including, rather than excluding, a person or organization that uses contract labor.
- Includes an independent contractor or subcontractor to the requirement of an employer to use the E-Verify program after hiring.
- Requires an agency to verify an applicant is lawfully present in the United States by using the E-Verify program before issuing a document or license and must keep this record for at least three years.
- Defines agency and license.
- Entitles this Act the Protecting Arizona Against Illegal Immigration Act.
- Directs the Secretary of State to submit this proposition to the voters at the next general election.
- Makes technical changes.
House Speaker Ben Toma (R-District 27) sponsored HCR2060, and called it one of the toughest laws on illegal immigration ever written. He argued the proposal merely strengthens current law, and closes loopholes.
"Instead of a slap on the wrist, violations of the law will have real consequences, and fines can be used to reimburse enforcement," said State Rep. Toma.
Speaker Toma says his immigration bill could save Arizona billions in welfare benefits annually, but Democrats rallied small business owners on Monday to say it will cost the state instead, by driving out businesses and workers.
“We may not be able to do the federal government’s job, but we can stop Arizona from becoming like California,” Toma said then. “Our message to illegal immigrants is simple: If you want to take advantage of Americans, go somewhere else.”
Heritage Action for America defended Toma’s plan, saying in a statement last week that the resolution protects Arizonans from the federal government’s “prioritization” of illegal immigrants.
“HCR 2060 protects American workers through the commonsense E-Verify program and stems the flow of illegal immigrants by taking away a major magnet for those flooding across the border,” the group’s statement said.
Opponents, however, feel that this will hurt the economy, specifically hitting industries like restaurants, retail, and construction, which are already struggling to find workers. They also fear families will be hurt.
"Anti-immigrant laws like [SB1070] and HCR2060 do nothing but negatively affect our labor market, lead to national disgrace, and lead to heightened discrimination of people of color," said one opponent.
The proposal passed the Government Committee on Feb. 19 by way of a 10-7 vote. If approved by the State Legislature, HCR2060 would then be submitted to voters in November.
Read the full bill here: HCR2060H.