YUMA (Arizona) SUN

February 8, 2008

Some Arizona lawmakers want state-run guest worker program

BY HOWARD FISCHER, CAPITOL MEDIA SERVICES

Phoenix - Unwilling to wait for a federal fix, some Southern Arizona lawmakers want the state to run its temporary foreign worker program.

The proposal crafted by Sen. Marsha Arzberger, D-Willcox, would let companies which are suffering a "labor shortage" to seek permission from the state Industrial Commission to bring in their own workers from Mexico. It even would have the state provide identification cards to the foreigners given permission to work here.

"The federal government has not met the responsibility to come up with comprehensive immigration reform," she said.

"Our economy is hurting," Arzberger continued. And she said many firms have found themselves without the workers they need. SB 1482 has drawn a number of cosponsors, including many of the legislators who represent the border area. And even Senate President Tim Bee, who did not sign on as a sponsor, said he supports the concept of a legal guest worker program.

Even if Arzberger gets her measure signed into law here, she needs one more thing: congressional approval.

Arzberger said she already has asked Democrats who represent the state in Washington - where they hold the majority in both the House and Senate - to back her plan. But the two members of the delegation who districts cover the border said they want some questions answered before they're willing to push her proposal.

U.S. Rep. Raul Grijalva said he understands the frustration of Arzberger and other Arizonans over the lack of action in Washington. But Grijalva said there are too many unanswered questions about "assured worker protections" at this point for him to want to back federal legislation.

First, he said, a temporary worker should never replace an available U.S. resident. And Grijalva said guest workers "don't become a subclass that's exploited and paid less."

"That's what drives wages down," the congressman said. "Your $16-an-hour job goes down to $9."

C.J. Karamargin, press aide to U.S. Rep. Gabrielle Giffords said the first-term lawmaker also wants "details" of how Arzberger's program would work. And Karamargin questioned whether Congress even could give Arizona the authority to decide to let foreign workers into the country.

In fact, one provision of SB 1482 would require federal border official to let anyone with a state-issued temporary worker card to enter the country, regardless of whether the person is otherwise qualified to cross the border.

Rebekah Friend, executive director of the state AFL-CIO, called the measure "a good-faith effort" to deal with the labor shortage in certain areas. But Friend, like Grijalva, questioned how it would work.

For example, she said it would be up to the Industrial Commission to craft the rules of exactly how the program would work. Within that would be exactly how it is determined that a company is experiencing a true "labor shortage" as opposed to simply wanting to be able to hire workers at a wage lower than legal U.S. residents are willing to earn.

Friend noted the legislation covers not just farm workers but also industries where many workers are represented by unions, including restaurant employees, construction workers as well as those involved in landscaping.

"My concern is that certainly Arizona residents get first shot at the jobs," Friend said. "I've got concerns of how much of an effort an employer has to make to fill the jobs here, whether they're really reaching out and trying to fill the jobs here from all available sources," she explained.

But Arzberger said she doubts that any of the labor shortage in Arizona is due simply to employers not wanting to pay higher wages.

"Not everybody wants to go work in the vegetable field," she said. "The same thing's true with the roofing industry and the landscaping industry and the contractors."


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HOW THE PLAN WOULD WORK:

-Employers claiming a labor shortage would apply to the state Industrial Commission.

-Companies would have to detail what they have done so far to find workers with necessary skills.

-The commission has 30 days to review the application.

-If approved, the company could recruit foreign workers at any U.S. consulate in Mexico.

-The company would have to get the names, photographs and fingerprints of prospective workers, with background information checked both by the state Department of Public Safety and the "appropriate law enforcement agency" in Mexico.

-A worker approved to come to Arizona would be issued "nonforgeable" identification card by the Industrial Commission which could be used for two years to cross the border into the United States but would allow the worker to travel only within Arizona.

-The card would be revoked if an employee did not report for work for 14 consecutive days, can't be located by an approved employer, travels outside of Arizona or commits a crime.