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Everyone is talking about Arizona’s new immigration law. “Shameful” writes E.J. Dionne of The Washington Post. “Misguided” declares President Obama. Others applaud the new law. Bryon York of The Washington Examiner writes Arizona’s immigration law is “a reasonable, limited, carefully-crafted measure designed to help law enforcement deal with a serious problem in Arizona.”
I wonder if Senator Russell Pearce knew his immigration reform ideas would cause such a commotion. I won’t tell you what I think about this new law, but I will write about its impact on Arizona Condominiums and Arizona Planned Communities (HOAs). I was asked whether an Association could get into trouble under the new immigration laws if it lets known illegal aliens live in its community. I was also asked whether the Association Board of Directors have to tell federal or state law enforcement agencies that it has illegal aliens. I don’t think so.
Arizona’s new immigration law requires law enforcement, not Condominiums or Arizona Homeowners Associations, to investigate whether a suspect is in the country illegally. It does not impose an affirmative duty on Association’s to report these folks.
Arizona’s new immigration laws do not apply to Homeowners Associations but the law may cause local law enforcement agencies to enforce other laws that do. For some years now, it has been a crime to employ illegal aliens in Arizona. Associations that employ illegal aliens may find that this new law will make them think twice. If you are an association hiring illegal aliens, stop. If enforcement is heightened, you may face hefty fines under the current employment laws. But, aside from the “legal” problems, practically speaking, it is never a good idea for Associations to employ unlicensed and unbonded vendors to work in your community.
