Hal Netkin
E-Verify For You
2160 E. Fry Blvd, Suite 242
Sierra Vista AZ 85635
520-366-5425
HalNetkin@E-VerifyForYou.com
January 2, 2009
Open letter to:
Mike Rutherford
President of SACA
(Southeastern Arizona Contractors Association)
6677 E. Little Michigan Road
Sierra Vista AZ 85635
SUBJECT: Opposition to Arizona Employer Sanctions law (HB 2779, the Legal Arizona Workers Act) by the SACA (Southeastern Arizona Contractor's Association) Chapter of SAHBA (Southern Arizona Home Builders Association)
Dear Mike:
As a Korean War Veteran, I was moved by your column in the December 2008 issue of Construction News & Views in which you praised members of the Armed Forces and veterans.
But it appears to me that the patriotism you display publicly is at odds with SACA's apparent unpatriotic opposition to Arizona's Employer Sanctions law. That's the Arizona law which makes the use of the federal government's E-Verify program mandatory.
I became a member of SACA because I thought that my status as an E-Verify Designated Agent (certified by the Department of Homeland Security) would be of service to those SACA members who don't have the necessary computer and internet resources or just didn't want the fuss involved in participating in E-Verify.
I soon realized that most SACA members were opposed to the Arizona employer sanctions law for selfish reasons rather than accepting the program on its righteous merits.
When Governor Janet Napolitano signed the employer sanctions bill (HB 2779) into law in 2007, all those employers who benefit from illegal labor came to the forefront to challenge the new law.
When the Yavapai County Contractors Association (YCCA) endorsed the Arizona employer sanctions law on the grounds that it would level the playing field in terms of competition and fairness among the construction industry, David Jones, President and CEO of the Arizona Contractors Association was quick to criticize them giving a myriad of phony excuses as to why the employer sanctions law should be opposed (see attached rebuttal to those excuses).
Ed Taczanowsky, president of SAHBA, told the Arizona Daily Star that "many of our workers have left. It's created a strain to find good construction workers." He further went on to make the absurd claim that "It's not because they were illegal or undocumented; it's because of the fear factor that is out there."
By way of email I asked Taczanowsky to provide me with evidence of any instance where a legitimate worker left his/her employer solely due to being intimidated by E-Verify. He could not produce a single case. But he answered saying that "one of my largest off-site contractors has lost over 235 people most for the economy but some because of the anti-business attitude that the employers sanction law set in Arizona." He went on to say "Several of my members' job-site foremen relayed to me that their labor mostly legal packed up and moved to Texas because of the law."
I replied to Taczanowsky as follows: I don't doubt that your largest contractors lost people -- that was to be expected. But you have disseminated hearsay information to the public which claims that legitimate workers have left their jobs because of the Employer-Sanctions fear factor without verifying such claims. More likely, those "legal" workers were using forged documents to appear legitimate and decided to leave their employers for fear of getting busted.
When business groups failed to squash the Arizona Employer Sanctions law through the courts, they launched the since failed Proposition 202, euphemistically named the "Stop Illegal Hiring Act" which fraudulently appeared to be even tougher than the existing employer sanctions law. When I initially read through the proposition I thought to myself "Wow, these guys finally get it" -- until I got to this clause: "Employers must verify the employment eligibility of the employee through the E-Verify program OR such other procedures as provided under 8 united states code section 1324a."
Guess what? 8 United States Code section 1324a allows employers to do what they have always done -- accept without verification, fraudulent documents with a wink and a nod.
When on August 20, 2008, at SACA's general meeting, SACA member and Arizona legislative candidate Doug Sposito presented the deceitful "Stop Illegal Hiring Act" as a good thing, I was the only one to point out its fraud, at which time I was virtually hushed when the group's attention was diverted to another member's comments on another unrelated subject.
The "Stop Illegal Hiring Act."supported by SACA was so deceitful, that my daughter's leftist ballet teacher voted "NO" on the seemingly "tough" proposition because she thought a "YES" vote would deprive illegal aliens of jobs.
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Page 2
So why has the construction industry of which SAHBA and its SACA chapter are part, fought so fiercely against the state's employer-sanctions law? Is it because they are concerned about the constitutionality of the law; or that legal workers will be accidentally flagged as unauthorized; or because they heard that the database makes too many errors; or because they are concerned that discrimination will occur? I don't think so!
Let's be honest. SACA and SAHBA are opposed to enforcing our nation's immigration laws out of greed. The construction industry has become addicted to "on-demand cheap illegal labor" and doesn't want to kick the habit.
NON-COMPLIANCE
While the Arizona Employer Sanctions Law makes the use of E-Verify virtually mandatory, it provides no penalties for not doing so. Instead, it makes the use of E-Verify a rebuttable presumption against a state offense of intentionally or knowingly hiring illegal alien workers. In other words, employers can get away with not using E-Verify as long as no one reports them to have knowingly hired illegal alien workers.
In spite of the employer sanctions law, more and more businesses are learning that there is little risk in continuing to hire illegal alien workers.
E-Verify Watchdog
As an activist and E-Verify Designated Agent, I have launched a website for the purpose of exposing and tracking Arizona employers (SAHBA/SACA members included) who refuse to comply with the Arizona Employer Sanctions Law
The mission of the website <http://E-VerifyWatchdog.com/>is to embarrass and intimidate non-E-Verify compliant businesses and to make them targets of law enforcement and anti-illegal immigration activists in such a way as to pressure them to comply.
Apart from the copies of this letter sent to those listed below, I have posted it on the E-VerifyWatchdog.com site. In fairness, any rebuttals to this letter will be posted on the website.
Respectfully,
E-Signed (Hal Netkin)
Hal Netkin
P.S. I will not be renewing my membership
CC: (Some Hard Copies, some Emails):
State Representative Russel Pearce,
Maricopa Sheriff Arpaio, Maricopa County Attorney Andrew Thomas, Yavapai County Contractors Assoc.,
Cochise County Attorney Ed Rheinheimer, Cochise County Sheriff Larry Dever
All SACA/SAHBA members
Arizona Contractors Association (President & CEO David Jones, VP of Ops Brett Jones & Farrell Quinlan),
Don Goldwater,
Other unnamed recipients.
