Proposition 202—Employer Sanctions

Prop 202 would change the current employer sanctions law in a number of ways, essentially serving to protect employers from many of the consequences they currently would suffer for employing illegal aliens. It exempts in practice large groups of employers, discontinues mandatory use of E-verify, requires that all allegations against an employer be notarized and not anonymous, requires that owners or officers of the company be aware of the illegal hiring for any penalties to apply, and provides an iron-clad legal defense for any business that follows 202’s procedures.

Overview:
~05% support. I encourage a NO vote.
~This one is very simple to me. Russell Pearce is against it, and he's the best indicator of whether a proposition on illegal immigration is good or bad for Arizona.
~The current law is the toughest in the nation, it is working, it has withstood several legal challenges, and it was crafted in a bipartisan manner with the concurrence of businesses and the signature of the Governor. Why are we thinking about tinkering with it now?
~After reading the arguments given for it, they are some of the best reasons to oppose it, particularly the elimination of anonymous complaints. This proposition would put any person who alleged a violation in danger of committing a Class 3 Misdemeanor. They must sign and date any complaint, complaints can only be investigated using very limited methodology, and any complaint that turns out to be false OR frivolous subjects them to this penalty. Talk about having a chilling effect on people reporting these violations or suspected violations. Not only do you lose your anonymity, but you put your own liberty at risk even if the thing can't be proved?
~It makes use of E-verify optional, whereas the current law mandates it.
~This could very possibly be ruled unconstitutional, which would then mean that there would be no employer sanctions law on the books at all since this one replaces the current law.
~A company is only in violation if the corporate officers or the owner knew about the illegal hiring, regardless of who else might have known.
~The people who opposed current law in the legislature and brought suit against it in court are the ones who are supporting this "reform" now. This is every bit as deceptive as the payday loans proposition.
~Because it takes incorporation documents and LLC registrations out of the definition of licenses subject to revocation, it would not appply to a wide range of businesses at all.

Links:
PBS info on Prop 202
Arizona Republic on Prop 202
Stop Proposition 202
StopIllegalHiring.com