Soundbytes: Arizona’s new immigration law

PHOENIX — He’s a native Arizonan and heir to American entrepreneurism as a grandchild of Carl’s Jr. founder Carl Karcher.

But these days, there are moments where Jason LeVecke finds himself spending as much time fighting a new state law for businesses as he does running 56 restaurant franchises covering burgers, pizza and Mexican food.

The law? A bill called “Employer Sanctions” which Mesa Republican Russell Pearce drove through the state Legislature earlier this year in an effort to keep illegal immigrants out of Arizona.

The legislation calls for fines — and ultimately the loss of a business license — for those businesses who “knowingly” hire illegal immigrants. It allows people to file complaints against businesses they suspect knowingly hired illegal immigrants, which are in turn investigated by county attorneys (whose boss, Andrew Thomas, has positioned himself as a vocal advocate for strict immigration enforcement.)

LeVecke says he struggles to make sense of the law. He says it leaves a lot of room for abuse through people who would see a business fail or competitors who would like to corner a market.

He also says its punishment is too severe and could have a chilling effect on encouraging small business entrepreneurship in Arizona.

LeVecke, a Marine on inactive duty, is fighting on two fronts. He is the brains and braun behind a group called Arizona Employers for Immigration Reform and a vocal supporter of Wake Up Arizona!, a campaign launched by several local business elite to derail Pearce’s law.

The new law, which takes effect Jan. 1, has “turned free enterprise on its head,” LeVecke tells TZR.

“Nobody who could be for this law — if they truly understood its consequences — could truly call themselves a Republican,” LeVecke says.

The problem, he adds, is the “knowingly” clause. he says that’s the part that is open to abuse. The correct punishment, he says, should focus on the cash-only economy of landscaping firms, for example.

“That’s exactly what should have been passed,” he says. “It will incentivize people to be legitimate employers and pay their taxes. Otherwise, it will be absolutely counter-productive.”

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Part II: The lawman

Russell Pearce
State legislator, R-Mesa

PHOENIX — He’s a fifth-generation Arizonan who, if it were up to him, would happily have his caricature colored in sepia tones.

Russell Pearce brings an Old West, get-r-done approach to politics. His style help pass the state’s employer sanctions law earlier this year. It survived a legal challenge before U.S. District Court Judge Neil Wake in Phoenix.

Pearce says that by pushing the new law, he was just doing his civic duty. He says it only adds teeth to existing laws that legitimate employers have been following for years.

He downplayed fears raised by LeVecke and others, saying participating businesses have nothing to worry about.

“Could it be tougher? Absolutely, because the standard is ‘knowingly,’” Pearce told TZR recently. “Nobody is in trouble for making a mistake or accidentally. You’ve got to have knowingly or intentionally violated the law. And it’s been the federal law since 1986. So it’s not like, ‘Wow, new law.’ We’ve given you 20 years to comply. Maybe it’s time you finally start complying.”

Pearce, 60, says it is only one solution to Arizona’s illegal immigration woes. He says that by discouraging shady employers from hiring, less jobs will be available. With less jobs, fewer illegal immigrants will try to enter Arizona.

Supporters say its a bold plan other states should follow. Critics say it could lead to a patchwork of laws around the U.S., have a negative impact on the nation’s economy and strain law enforcement resources, which are already short-handed in the pursuit of “legal” criminals.

Still, one thing everyone does agree on is this: It’s the toughest immigration law in the nation.

That suits Pearce just fine. The Mesa Republican began his career as a Maricopa County sheriff’s deputy and rose to the chief deputy post under current sheriff Joe Arpaio. During that time, a finger on his left hand was shot off during a struggle with an illegal immigrant.

He left to run the Arizona Motor Vehicle Department, where he privatized one-third of its services, added online service and built new locations. He was fired after he helped a Tucson lawmaker fix a constituent’s DUI.

Now he represents Mesa in the Legislature and has won support from conservatives like Matt Salmon and Don Goldwater for his stance on illegal immigration.

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>>Email the editor at aklaw@zoniereport.com.