Russ, and others

I am continuing to do my penance for having uncritically circulated an
opinion gleaned from NPR and/ or Left Wing Rant Radio.

I have already conceded that my belief that border state gunshows are a
significant source of modern Mexican drug lords armament is ... um
....shakey. 

However, my assertions about alternative tools available to Arizona Law
Enforcement PRIOR to the new law seem to be holding up.  

The Legal Arizona Workers Act of 2008 provides that  all new hires should
be checked through the federal E-Verify system.  If the law is adhered to,
I cant see how an illegal could find employment in Arizona.  However, the
hitch is that enforcement of the law is relegated to County Attorneys, so I
might still also be correct that it hasn't been thoroughly or consistently
been enforced. 

Some text  just below and  at http://www.azag.gov/LegalAZWorkersAct/

Nick 

 

Nicholas S. Thompson
Emeritus Professor of Psychology and Ethology, 
Clark University ([email protected])
http://home.earthlink.net/~nickthompson/naturaldesigns/
http://www.cusf.org [City University of Santa Fe]

Legal Arizona Workers Act

November 26 , 2008

Frequently Asked Questions (FAQ) about the Legal Arizona Workers Act

The Legal Arizona Workers Act, sometimes called the “Employer Sanctions
Law,” went into effect on January 1, 2008. That law was amended in several
respects by the Arizona Legislature, effective May 1, 2008. This Web site
provides basic information about the law, as amended, and explains how any
member of the public can report an employer’s violation of this law.

The Legal Arizona Workers Act, as amended, prohibits businesses from
knowingly or intentionally hiring an “unauthorized alien” after December
31, 2007. Under the statute, an “unauthorized alien” is defined as “an
alien who does not have the legal right or authorization under federal law
to work in the United States.” The law also requires employers in Arizona
to use the “E-Verify” system (a free Web-based service offered by the
federal Department of Homeland Security) to verify the employment
authorization of all new employees hired after December 31, 2007.

The Attorney General’s Office has several roles regarding The Legal Arizona
Workers Act:

    * This Office is vigorously defending the new law in the federal
courts, where several business associations, chambers of commerce, and
others are asserting that the law is unconstitutional and are asking the
courts to prohibit the State of Arizona from enforcing the law. To date, we
have been highly successful and the trial court and the appellate court
have denied several requests for injunctions. That litigation is ongoing,
so please check back for any breaking news about the case.

    * The law authorizes the County Attorneys and the Attorney General to
investigate complaints. However, if a complaint is lodged with the Attorney
General’s Office, and if this Office investigates and determines that the
complaint is not false and frivolous, the case must then be turned over to
the County Attorney of the county where the unauthorized alien is or was
employed, because the law does not give the Attorney General the authority
to pursue sanctions against the employer in court. That power is given only
to the County Attorneys.

    * This Office has created a prescribed form that may be used to lodge a
complaint with any County Attorney or with this Office. The amended law
specifies that any complaint made on this prescribed complaint form “shall”
be investigated, while any complaint that is made in some other format
“may” be investigated.

    * This Office has established a new Voluntary Employer Enhanced
Compliance Program. Any employer that enrolls in the program and fulfills
the program’s requirements will not be subject to sanctions. The new
program is explained in the Frequently Asked Questions, and the Affidavit
and Agreement and instructions needed to enroll in the program is available
for download from this Web site. Also on this Web site is a list of
employers enrolled in the Voluntary Employer Enhanced Compliance Program.

    * Every three months , this Office asks the United States Department of
Homeland Security for a list of employers that have enrolled in the
E-Verify program using an Arizona address. The most recent such list is
posted on this Web site.

    * As time goes on, this Web site will display more and more
information. For example, if and when the courts begin entering orders
against employers who are found to have violated the law, those court
orders will be available on this Web site, along with names and locations
of employers who have been sanctioned for a first violation.

The Attorney General’s Office will do everything in its power to ensure
that the new law is fully and fairly enforced in a non-discriminatory
manner. If you are thinking of making a complaint, it is important for you
to know that under the amended law, any complaint that is based solely on
race, color or national origin shall not be investigated.

At the same time, we want to do what we can to inform all employers in
Arizona how they can comply with this new statute. This Web site offers
information that should assist employers in abiding by the new law. We hope
you find this Web site useful and welcome your suggestions about to any way
to improve it.


> [Original Message]
> From: Russell Gonnering <[email protected]>
> To: The Friday Morning Applied Complexity Coffee Group <[email protected]>
> Date: 5/10/2010 3:03:17 PM
> Subject: Re: [FRIAM] Arizona meets the Facebook community
>
> Glen-
>
> You are viewing reality through your own terministic screen, as do all of
us.  
>
> We seem to be using a different definition of "complexity".  Mine is in
line with the Stacey diagram of agreement/certainty or the Cynefin
Framework of Snowden that deals with cause and effect.  Perhaps therein
lies the difficulty, and why I see something you do not, and vice-versa.
>
> In spite of that, we can probably both agree that the situation in
Arizona is now out of any attractor well and unsustainable in it's present
form.  Unless a suitable attractor is found and amplified, Arizona will
devolve further into chaos.  The federal government has proven completely
incapable of providing that suitable attractor well, hence the Arizona law,
which both of us agree to be unsatisfactory, but for partially similar, and
partially differing, reasons.
>
> That seems to describe a Complex Adaptive System-an attempt to adapt to a
novel, and untenable, change in the system.  Why do you feel I do not see
logic in describing it as such??  You seem to be critical because I do not
condemn the bill in the way you feel I should.  Ok, that's fine.  We differ
on the weight and validity we place on  our observations. You see the
police itching to trample on the rights of brown people, and I do not.  But
what does that have to do with looking at the complex system into which the
bill was introduced??  It doesn't change the fact that a suitable attractor
needs to be found to bring the system into stability.  
>
>
> Russ #3
>
>
>
> Russell Gonnering, MD, MMM, FACS, CPHQ
> [email protected]
> www.emergenthealth.net
>



============================================================
FRIAM Applied Complexity Group listserv
Meets Fridays 9a-11:30 at cafe at St. John's College
lectures, archives, unsubscribe, maps at http://www.friam.org

Reply via email to