NEW IMMIGRATION MEASURES ARE "VICTORY FOR THE PEOPLE"

NEW IMMIGRATION MEASURES ARE "VICTORY FOR THE PEOPLE"






By Andrew Thomas, Maricopa County Attorney

The new anti-illegal-immigration laws signed by Governor Janet Napolitano covering employer sanctions and Prop. 100 are a "victory for the people," and I intend to move swiftly to implement them.

Last week, the governor signed House Bill 2779 and Senate Bill 1265. House Bill 2779 creates a regime for sanctioning companies that knowingly hire illegal immigrants. The new law provides that county attorneys are the chief law enforcement officers responsible for implementing employer sanctions. It is expected that because of the population of Maricopa County, the vast
majority of potential employer-sanctions cases in Arizona will originate here.

Senate Bill 1265 establishes probable cause as the standard of proof for determining if defendants accused of serious felonies are illegal immigrants and, as such, not entitled to bail or release under Proposition 100. This legislation was passed in response to protracted difficulties in obtaining full enforcement of Proposition 100 in the Maricopa County Superior Courts.

Shortly after the governor signed Senate Bill 1265, the Arizona Supreme Court issued new rules governing Proposition 100 cases, which repealed the so-called Simpson hearings previously created
for these defendants. I'd recently complained that 94 percent of illegal immigrants were being granted bail or release at Simpson hearings by Maricopa County judges and judicial officers. The Simpson hearings were rescinded immediately, and those scheduled were vacated by court decree.

When I ran for county attorney on a platform of stopping illegal immigration, many questioned what state and local governments could do to combat this problem. These new laws are the latest answer to this question. We do not have to rely on a broken federal bureaucracy to secure our borders. The County Attorney's Office helped draft and lobbied in favor of both new laws.

These new laws are also the latest evidence that this is still a democracy. The people have the final say on how our government operates. Their voice was heard loud and clear.

I have begun to set up an internal committee to prepare to implement the new employer sanctions law. I will reach out to the business community and other critics of the law so their concerns can be heard. However, the law is the law, and it will be enforced.

As the County Attorney's Office begins to enforce the new law next year, the office will provide updates on progress made in preparation for this event. I pledge to apply the law fairly and equitably.

www.mccainalert.com