Alabama Governor Robert Bentley has signed House Bill 658, a bill that is intended to simplify and clarify Alabama’s existing immigration law.

The revised version is intended to address various aspects of the original law, including provisions disliked by the business community. In announcing the signing, Bentley contended that the law “reduces burdens on businesses while still holding them accountable to hire legal workers.” Bentley had previously indicated that he might veto the bill because it did not do enough to change the original law.

Under the law, any contractor or subcontractor that does business with the state is barred from employing undocumented workers and must use the federal E-Verify system to ensure that all workers have the legal right to work in the United States. Contractors that knowingly hire undocumented workers will be found in violation of the law and will lose the contract. In addition, a court can then subject the employer to a three-year probationary period, during which time the employer must file quarterly reports with the state’s Department of Industrial Relations for each new employee hired.

Repeat violators may face a five-year probationary period, the loss of the contract, and the suspension of their business license, in addition to being required to terminate the employment of all undocumented workers. A third violation can result in the permanent loss of the business license.

Tennessee employers are required to demonstrate that they are hiring and maintaining a legal workforce under new requirements that became effective January 1, according to Tennessee Department of Labor and Workforce Development Commissioner Karla Davis.

“This online verification process is designed to be convenient for employers and only takes a few minutes to complete. The department can provide assistance to employers who don’t have Internet access,” said Commissioner Davis.

Signed into law by Governor Bill Haslam on June 7, 2011, the Tennessee Lawful Employment Act (H.B. 1378) requires employers to verify the employment eligibility of all newly hired employees through the online E-Verify program (www.uscis.gov/everify), or requesting all newly hired employees to provide one of the following identity and employment authorization documents as required:

• A valid Tennessee driver's license or photo identification

• A valid driver's license or photo identification from another state where the license requirements are at least as strict as those in Tennessee

• A birth certificate issued by a U.S. state, jurisdiction or territory

• A U.S. government issued certified birth certificate

• A valid, unexpired U.S. passport

• A U.S. certificate of birth abroad

• A report of birth abroad or a citizen of the U.S.

• A certificate of citizenship

• A certificate of naturalization

• A U.S. citizen identification card

• A lawful permanent resident card

The law also requires employers to obtain and maintain a copy of one of the above listed identity/employment authorization documents for all non-employees as well. A “non-employee” is defined as any individual, other than an employee, paid directly by the employer in exchange for the individual’s labor or services.

The employment verification provisions referenced above will be phased in as follows:

• All state and local government agencies must enroll and participate in E-Verify or request and maintain an identity/employment authorization document from a newly hired employee or non-employee no later than January 1, 2012

• All private employers with 500 or more employees must enroll and participate in E-Verify or request and maintain an identity/employment authorization document from a newly hired employee or non-employee no later than January 1, 2012

• All private employers with 200 to 499 employees must enroll and participate in E-Verify or request and maintain an identity/employment authorization document from a newly hired employee or non-employee no later than July 1, 2012

• All private employers with six to 199 employees must register and utilize E-Verify or request and maintain an identity/employment authorization document from a newly hired employee or non-employee no later than July 1, 2013

The Tennessee Department of Labor has authority to impose penalties for non compliance. For a first violation, $500 for each employee or non-employee not verified; for a second violation, $1,000 for each employee or non-employee not verified; and $2,500 for a third violation.

The private employer must submit evidence of compliance within 60 days of the final order. If the employer fails to submit such documentation, then the commissioner has the authority to suspend the private employer's license until the employer remedies the violation.

Any lawful resident of Tennessee or any employee of a federal agency may file a complaint alleging a violation of the employment verification provisions of the Act. If there is satisfactory evidence of a violation, the Commissioner of the Tennessee Department of Labor and Workforce Development will conduct an investigation.

The Consolidated Appropriations Act, 2012 (H.R. 2055), signed by President Obama on December 23, includes a provision requiring the use of E-Verify for new federal employees. Sec. 629 of the law states:

None of the funds made available by this Act may be expended for any new hire by any federal agency funded in this Act that is not verified through the E-Verify Program established under Section 403 (a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324).

On July 1, 2011, Governor Bobby Jindal signed HB 646 into law, creating Act 402. Act 402 revises Louisiana’s existing immigration provisions to require employers to perform some form of employment eligibility verification to check on the immigration status of their employees.

To perform employment eligibility verification, employers can either use E-Verify or they can keep the following items in their files: Copies of employees’ photo identifications and one other document that shows the workers are in the country legally (e.g. U.S. birth certificate or birth card, naturalization certificate, certificate of citizenship, alien registration receipt card, or U.S. immigration form I-94 with employment authorized stamp).

Effective August 15, 2011, employers who use the E-Verify system will not be liable if an employee was later revealed to be working illegally. The same protection is not extended to employers who opt to keep the above listed items in their files.

Employers who knowingly employ undocumented workers will face the following consequences:

• First offense - $500 fine per new hire
• Second offense - $1,000 fine per new hire
• Third offense - revocation of business licenses for 30 days to 6 months.

To read the bill, please visit http://www.legis.state.la.us/billdata/streamdocument.asp?did=760907.

On July 1, 2011, Governor Bobby Jindal signed HB 646 into law, creating Act 402.  Act 402 revises Louisiana’s existing immigration provisions to require employers to perform some form of employment eligibility verification to check on the immigration status of their employees.

To perform employment eligibility verification, employers can either use E-Verify or they can keep the following items in their files: Copies of employees’ photo identifications and one other document that shows the workers are in the country legally (e.g. U.S. birth certificate or birth card, naturalization certificate, certificate of citizenship, alien registration receipt card, or U.S. immigration form I-94 with employment authorized stamp).

Effective August 15, 2011, employers who use the E-Verify system will not be liable if an employee was later revealed to be working illegally.  The same protection is not extended to employers who opt to keep the above listed items in their files.

Employers who knowingly employ undocumented workers will face the following consequences:

• First offense - $500 fine per new hire
• Second offense - $1,000 fine per new hire
• Third offense - revocation of business licenses for 30 days to 6 months.

To read the bill, please visit http://www.legis.state.la.us/billdata/streamdocument.asp?did=760907.

For more details on how this legislative update may affect your background check pre employment screening program, please contact your backgroundchecks.com customer service.

On June 7, 2011, Governor Haslam signed the Tennessee Lawful Employment Act of 2011. 

Under this new law, virtually all employers will be required to use E-Verify or to maintain documentation of legal residency or valid U.S. residency. 

Government entities and private employers with more than 500 employees must comply by January 1, 2012.  Private employers with 200-499 employees must comply by July 1, 2012.  All employers with more than 6 employees must comply by January 1, 2013.

Penalties for non-compliance include $500 civil penalty, plus $500 per worker not verified for a first offense.  Monetary penalties increase up to $2500 for the civil penalty plus $2500 per worker not verified.  Additional sanctions may be imposed.  For additional information on this legislation, please visit  http://state.tn.us/sos/acts/107/pub/pc0436.pdf.

If you would like more information about how this update may affect your background check employee screening program and how backgroundchecks.com can help, please contact our customer service department.

The Louisiana House has unanimously voted 100-0 to forbid any public body from giving contracts to businesses that will not agree to monitor their workforce for undocumented aliens. The 100-0 vote on Senate Bill 66 now sends the legislation to the state Senate to approve any changes the House made to the bill.

The bill requires contractors to use E-Verify to check on their employees’ legal status. Contractors must use that system in order to qualify for a project bid, and failure to use the system after a bid has been accepted could result in the cancellation of the contract. Additionally, the contractor could be barred from either bidding on, or receiving, state contracts for as many as three years.

The Pennsylvania Senate approved legislation today that would require contractors and subcontractors to verify legal employment status for all employees working on public building projects. Senate Bill 637, which passed 47-7,makes use of the federal E-Verify system mandatory to confirm that all employees are eligible to work in the U.S.

Employers would be required to submit employment verification statements to the Pennsylvania Department of Labor and Industry prior to beginning work on any public contract.

Both Georgia and Indiana have enacted laws requiring some or all employers in their states to being using E-Verify to check the work eligibility status of new employees.

In Indiana, starting July 1, 2011, all state agencies and political subdivisions will be required to use the federal E-Verify program to check the work eligibility status of all new employees.

In Georgia, all employers with more than 10 employees must begin using E-Verify to check the work eligibility status of new employees.  All employers with 500 or more employees must begin by January 1, 2012; 100-499 employees by July 1, 2012 and 10-99 by July 1, 2013.

Please note that state agencies, contractors and subcontractors in the state of Georgia have been required to utilize E-Verify for some time.  This law updates this requirement to include all employers with more than 10 employees.

If you would like more information about how this update may affect your employment screening program and how backgroundchecks.com can help, please contact us.

E-Verify Anti-Fraud Enhancements Announced
The DHS and USCIS have announced the expansion of E-Verify program's capabilities to include U.S. passport photo matching-further enhancing the integrity of the program by enabling E-Verify to automatically check the validity and authenticity of all U.S. passports and passport cards presented for employment verification checks.

ICE to Continue to Focus on Prosecuting Employers that Violate Immigration Law
ICE is focused on investigating and prosecuting employers who exploit or abuse their employees and have a history of knowingly and repeatedly hiring illegal workers. In FY 2010, ICE initiated a record 2,746 worksite enforcement investigations, criminally arrested 196 employers for worksite-related violations, and issued a record 2,196 notices of inspection to employers. In addition, worksite investigations resulted in nearly $37 million in judicial fines, forfeitures, and restitutions. ICE also debarred 97 business and 49 individuals from doing business with the government, thereby bringing a new level of integrity to the contracting process, according to an ICE representative. To add to this, 1,000 more employers recently received Notices of Intent from ICE, marking the start of an I-9 audit.

Recent Report finds significant improvements to the E-Verify Program
A recent report about E-Verify issued by the Government Accountability Office (GAO) cites improvements in the reduction of mismatch rates, ensuring employer compliance, and establishing better safeguards for employees’ personal information. GAO reviewed USCIS’s E-Verify program by analyzing E-Verify query data from 2009 to 2010. GAO reported a significant reduction in the number of Tentative Non-Confirmations (TNCs), citing a 5.4 percent decrease in TNCs since FY2007. In addition, the report noted how E-Verify has added safeguards to minimize and secure the handling of new employees’ personal information by creating a privacy branch; safeguards that limit both the data collected for E-Verify and the people who can access the data. To read GAO’s report, as well as USCIS’s response to the GAO report, please visit http://www.gao.gov/new.items/d11146.pdf.

USCIS Updates I-9 Handbook
The USCIS has released an updated version of its I-9 handbook which clarifies and reinforces many critical points including when an I-9 can be started, how long an employer has before the I-9 must be completed, how long to keep the I-9, and more. Please see http://www.uscis.gov/files/form/m-274.pdf for the updated handbook.

Florida Legislation Pending to Bar Illegal Immigrant Employment
The proposed bill would require Florida employers to use the federal E-Verify employee screening system. The measure contains a safe-harbor provision that provides a rebuttable presumption that employers using E-Verify did not knowingly employ an unauthorized alien.

Certain Floridian State Agencies Must Use E-Verify
Governor Rick Scott has signed an Executive Order, effective immediately, directing all state agencies under the direction of the Governor to verify the employment eligibility of all current and prospective agency employees through the United States Department of Homeland Security’s E-Verify System. These agencies are to include, as a condition of all state contracts, an express requirement that contractors utilize the E-Verify system to confirm the employment eligibility of: (a) all persons employed during the contract and (b) all persons, including subcontractors, assigned to the contractor to perform work under the contract with the state agency. Also, agencies not under the direction of the Governor are encouraged to verify the employment eligibility of their current and prospective employees utilizing the E-Verify system.

Certain Indiana State Agencies Must Use E-Verify
Indiana has passed SB 590 requiring state agencies, political subdivisions, contractors with public contracts for services with a state or political subdivision, and certain business entities to use E-Verify. The bill also includes Arizona-like immigration including requiring law enforcement officers to verify the citizenship or immigration status of individuals in certain situations. The bill goes into effect on July 1, 2011.

Mississippi Legislation Pending to Stop Illegal Immigrant Employment
Mississippi has passed Senate Bill 2179 which would amend E-verify requirements to require employers to keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. The measure would also extend the authority to impose sanctions or seek penalties authorized under the law to the Department of Revenue, Board of Public Contractors, and any other state agency, department or government entity, in addition to the Department of Employment Security, Secretary of State, Department of Human Services, and the Attorney General.

The bill would also make it a misdemeanor for a person who is unlawfully present in the United States and who is an unauthorized alien to knowingly apply for work or solicit work in a public place in the state. The bill now goes before the House, which failed to pass similar immigration measures last year.

Certain Rhode Island State Agencies No Longer Required to Use E-Verify
Governor Chafee has signed an Executive Order, effective immediately, that rescinds the Illegal Immigration Control Order that required certain state agencies and vendors to use E-Verify.