Federal Judge Upholds Rule that Alabama Employers Must E-Verify All New Hires

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Ruling on the recently-enacted Alabama immigration law, (“H.B. 56”), Chief Judge Sharon Blackburn of the United States District Court for the Northern District of Alabama ordered that Alabama employers must begin complying with the E-Verify provisions of H.B. 56.

Effective on April 1, 2012, Alabama businesses must still confirm the work authorized status of all newly-hired workers using the federal E-Verify system, and face penalties for hiring unauthorized aliens (see our previous post for more details about H.B. 56)

Furthermore, as of January 1, 2012, a business must enroll in the E-Verify program, not knowingly employ, hire or continue to employ an unauthorized alien, and attest to both of those requirements by sworn affidavit in order to receive government contracts, grants or other incentives from the State.

Judge Blackburn did ease some burden on employers by eliminating several provisions of the Alabama law. First, the federal court enjoined Section 16 of H.B. 56, which prohibits taking a state tax deduction for wages paid to an unauthorized alien employee. Next, Section 17 was eliminated, which would have created an opportunity for a “discrimination” claim when an employer retained or hired an unauthorized alien over a documented worker.

Lastly, the federal court blocked the State of Alabama from enforcing Sections 11 (f) and (g) of H.B. 56, which make it illegal for an occupant of a motor vehicle stopped on the street to attempt to hire someone to work at a different location if it impedes traffic and for an individual to enter into a motor vehicle for such purpose if it impedes traffic. This section’s elimination makes compliance easier for small employers and contractors who often use roadside hiring to find laborers.

The fifth state to enact immigration laws since Arizona’s SB 1070 took effect, Alabama is the first to have these key provisions upheld. Although none of these rulings are final, Judge Blackburn’s final decision is likely to reflect these orders. Employers who violate these provisions face extremely costly fines and the risk their right to do business in Alabama.

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.

E-Verify Back in Minnesota

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Minnesota E-Verify, Tracker I-9The growing patchwork of E-Verify laws at the state level continues. Beginning immediately, the state of Minnesota is again requiring E-Verify for its large contractors. After Gov. Mark Dayton dropped the previous E-Verify requirement in April, the mandatory work eligibility check quietly came back as a provision of the state’s final budget deal, approved last month. Please visit the Minnesota Public Radio website to read the full story.

Already in effect, this new law applies only to private businesses providing more than $50,000 worth of services to the state. These companies must enroll in E-Verify and check the work status of new hires.

The E-Verify mandate does not extend to new state employees, which is curious since under the previous E-Verify law state agencies were required to E-Verify all new hires.

In December 2009, the state directed all of its agencies to stop using a Texas I-9 software vendor, Lookout Services, which state officials had hired for the purpose of submitting data to E-Verify. The state notified approximately 500 employees that their personal data, including names, dates of birth and social security numbers, may have been accessible on the Lookout Services’ website [Full article].

The security issue came to light when Minnesota Public Radio was able to access state employee data on the software vendor’s web site without using a password or any encryption software. Allegedly, employee names, birth dates, social security numbers and hire dates were visible on the web site for every state agency using the service as well as a long list of private companies.

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.

Dept. of Justice Settles Discrimination Allegations Due to Over-documentation During I-9 Process.

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Louisiana Department of JusticeA $50,760 settlement by the DoJ against Brand Energy and Industrial Services and its subsidiary, Industrial Services LLC (ISI), a Louisiana company, proves the need for careful understanding of and adherence to Form I-9 documentation rules and best practices.  According to their press release, Justice Department Settles Allegations of Employment Discrimination by Louisiana Industrial Services Company, the settlement resolved “allegations that ISI  engaged in a pattern or practice of discrimination against non-citizens in the hiring and employment eligibility verification process.”

This case involved the company’s termination of an employee–who was an immigrant authorized to work in the U.S.–after he could not comply with ISI’s request to provide specific employment eligibility documents, a request that went beyond what’s  required by law. According to the press release, the DoJ found that one of ISI’s offices would only accept documentation issued by the Department of Homeland Security from non-immigrants for the purpose of verifying employment authorization, whereas U.S. citizens and other non-immigrant employees were not asked to produce specific I-9 documentation.

The Immigration and Nationality Act’s (INA’s)  prohibits employers from discriminating against work-authorized employees during the hiring and employment eligibility verification process. When completing a Form I-9, the rules clearly state that “Employers are not permitted to request more or different documents than are required or to refuse to honor documents tendered that reasonably appear to be genuine and to relate to the individual presenting the document.”

The United States Citizenship and Immigration Services (USCIS) publishes The Handbook for Employers, Instructions for Completing Form I-9 (Rev. 06/01/2011), also known as the M-274, to provide guidance to employers on how to complete the Form I-9 . All HR staff or managers who complete I-9s should, at a minimum, familiarize themselves with this handbook. The handbook’s instructions for completing Section 2, as well as the instructions on the I-9 form itself, describe which List A or List B and C document combinations are acceptable. Of course, it’s always a good idea to consider consulting with an immigration attorney to make sure your I-9 processes and procedures are in compliance, especially when facing uncommon or unfamiliar employment eligibility documents. Using a good electronic I-9 system can also help prevent accidental over-documentation. A well-designed electronic I-9 system can provide automatic selections that ‘force’ proper Section 2 documentation choices, and lock in ONLY appropriate issuing authorities and documentation combinations.

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.

ICE fines New England companies for hiring unlawful employees

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As a result of ICE’s worksite enforcement strategy,14 employers in New England have been fined this fiscal year for various violations, including failure to comply with Form I-9 rules, that enabled the companies to hire illegal aliens.

According to the ICE press release, Fines in the New England region include:

  • A $118,000 settlement from Jasper Wyman & Son in Milbridge, Maine
  • A a $100,000 fine of Commercial Cleaning Service of Allston, Massachusetts
  • A $22,792 fine paid by D’Agostino Associates, Inc., in Newton, Massachusetts

“Nationally, from fiscal year 2009 to date, ICE has initiated Form I-9 inspections against nearly 4,000 businesses resulting in fines of nearly $7 million,” the ICE report says.

Source: http://www.ice.gov/pi/news/factsheets/worksite.htm“These settlements serve as a reminder to employers that ICE will continue to hold them accountable for hiring and maintaining a legal and compliant workforce,” said Bruce M. Foucart, special agent in charge of ICE HSI in Boston. “We encourage companies to take the employment verification process seriously.”

In announcing this fine, ICE reminded employers that they have implemented a new, comprehensive strategy to reduce the demand for unauthorized employment by focusing their resources on auditing and investigating employers who are suspected of cultivating and hiring undocumented workers. In addition, ICE has also been increasing the number of random Form I-9 audits on all employers, regardless of size or industry.

Foucart also added that ICE continues to promote its IMAGE program as a way for employers to work towards a legal, compliant workforce. As a brief overview for those of you who are not familiar with program, IMAGE is a voluntary initiative that aims to reduce unauthorized employment and minimize I-9 compliance vulnerabilities for participating businesses.  In exchange for receiving training on hiring practices, fraudulent document detection, use of the E-Verify employment eligibility verification program, and anti-discrimination procedures, participants must agree to an I-9 audit conducted by ICE and enroll in E-Verify, amongst other conditions.  Upon enrollment in and commitment to IMAGE Best Employment Practices, program members will be deemed “IMAGE certified.”

Georgia Citizen Panel to Fine Companies Who Don’t Follow State’s New E-Verify Law

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GA E-Verify Examined A new Enforcement Review Board, made up of volunteer citizens will examine complaints from registered Georgia voters about public bodies’ failure to use either the E-Verify system or the federal Systematic Alien Verification for Entitlements database.

This state-sanctioned panel was established in the wake of Georgia’s new immigration and E-Verify law and may threaten Georgia mayors, county commissioners and even business-license clerks with $5,000 fines if found failing to comply with the new law, which took effect on July 1, 2011.

Made up of non-paid members appointed by Governor Nathan Deal, Lieutenant Governor Casey Cagle and David Ralston, speaker of the House of Representatives, the board will have the power to cancel state funding of public agencies it finds have willfully violated the law and levy fines against governments and even individuals. Governor Deal says the panel will begin working in January, 2012.

Beginning in January, the new law requires almost all Georgia companies to use the federal E-Verify system to confirm their employees’ legal eligibility status. Since July 1, the law has required state entities to E-Verify employees and contractors.

Read more in this Bloomberg Article.