As part of a tough new immigration reform bill signed into law by Governor Robert Bentley on June 9, 2011, all Alabama employers, both public and private, must begin using E-Verify when hiring new employees no later than April 2012.

Similar to Georgia and Arizona’s E-Verify law, employers who violate the Alabama E-Verify requirement risk a suspended or revoked business license, or loss of employee expensing for state income tax purposes. Alabama employers should note that the April 2012 E-Verify enforcement date applies to all employers simultaneously. Unlike other state E-Verify rules, the Alabama law does not implement the E-Verify requirement through a phased-in approach where larger employers are required to be the first E-Verify adopters, and then gradually the E-Verify requirement rolls out to smaller employers over time.

It’s worth noting that many consider Alabama’s new law to be one of the toughest state immigration enforcement measures in the country. Also known as the Alabama Taxpayer and Citizen Protection Act, or SB256, the law expands police powers to investigate the immigration status of certain individuals, requires schools to collect student citizenship status information, and penalizes people who knowingly transport or harbor illegal immigrants, including landlords. While these controversial enforcement provisions will likely be challenged in court, the E-Verify requirement is probably one component that will remain intact in light of the fact that a recent Supreme Court decision upheld a similar mandatory E-Verify law in Arizona. In its decision, the Supreme Court pronounced that states can require employers to participate in E-Verify and have the authority to revoke a business license as the penalty for non-compliance.

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.

To learn more about how I-9 Compliance Software can help you comply with Form I-9 and E-Verify requirements, click here.