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Alabama Immigration Law Top 10 Do’S And Don’T
 

Alabama Immigration Law Top 10 Do’S And Don’T

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Alabama Immigration Law effective September 1, 2011

Alabama Immigration Law effective September 1, 2011

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    Alabama Immigration Law Top 10 Do’S And Don’T Alabama Immigration Law Top 10 Do’S And Don’T Presentation Transcript

    • Capell & Howard, P.C. 2011
      Top 10 DO’s and DON’T for Employers under the Alabama Immigration Act
      Trainer: Thomas M. Eden, III
      Attorney
      Capell & Howard, P.C.
    • Capell & Howard, P.C. 2011
      2
      Don’t knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the State of Alabama
    • Capell & Howard, P.C. 2011
      3
      DON’Tknowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the State of Alabama
      You must verify the status of every new employee through the federal E-Verify procedures and fire unauthorized aliens.
    • Capell & Howard, P.C. 2011
      4
      DO enroll in E-Verify
    • Capell & Howard, P.C. 2011
      5
      DO enroll in E-Verify
      Do schedule Form I-9 Supervisor Training because the E-Verify system is only as good as the information collected.
      Do put an E-Verify policy in your employee handbook and make sure you are using the latest version of Form I-9.
      Do have an outside audit done of your Form I-9s and Immigration Practices
      • E-Verify is an employer’s only get out of jail card with Immigration Compliance and Enforcement (ICE) and the only safe harbor under the Alabama Immigration Act.
    • Capell & Howard, P.C. 2011
      6
      DO terminate any employee if you become aware of their illegal status
    • Capell & Howard, P.C. 2011
      7
      DO terminate any employee if you become aware of their illegal status
      The employer could face severe penalties involving probation and suspension of business license.
    • Capell & Howard, P.C. 2011
      8
      DON’T deduct from state income or business taxes any wages, compensation or remuneration of any kind, whether monetary or otherwise, for services paid to an unauthorized alien
    • Capell & Howard, P.C. 2011
      9
      DON’T deduct from state income or business taxes any wages, compensation or remuneration of any kind, whether monetary or otherwise, for services paid to an unauthorized alien
      A business entity or employer who knowingly fails to comply will be liable for a penalty equal to 10 times the business expense deduction claimed.
    • Capell & Howard, P.C. 2011
      10
      DON’T discriminate
    • Capell & Howard, P.C. 2011
      11
      DON’T discriminate
      An employer may be liable for failure to hire a job applicant who is a United States citizen, or who is an alien authorized to work in the United States, while retaining any employee who the employer knows, or reasonably should have known, is an unauthorized alien.
      The employer can be sued by the unsuccessful applicant in an Alabama civil action for discrimination under Section 17 and awarded compensatory relief, court costs and reasonable attorney’s fees.
    • Capell & Howard, P.C. 2011
      12
      DON’T enter into contracts with illegal aliens
    • Capell & Howard, P.C. 2011
      13
      DON’T enter into contracts with illegal aliens
      The Act provides that no court shall enforce the terms of, or otherwise regard as valid, any contract between a party and an alien unlawfully present in the United States.
    • Capell & Howard, P.C. 2011
      14
      DON’T pick up day labor in your vehicle
    • Capell & Howard, P.C. 2011
      15
      DON’T pick up day labor in your vehicle
      The Act makes it illegal to stop a vehicle on a street, roadway or highway “to attempt to hire or hire and pick up passengers for work at a different location if the motor vehicle blocks or impedes the normal movement of traffic.”
      This applies regardless of citizenship or alien status.
    • Capell & Howard, P.C. 2011
      16
      DON’T house an illegal alien
    • Capell & Howard, P.C. 2011
      17
      DON’T house an illegal alien
      It is illegal to “conceal, harbor, or shield” an alien from detection in any place, including any building or vehicles, if the person knows or recklessly disregards that the alien is illegal in the United States.
      Similarly, it is illegal to induce an alien to come to or reside in Alabama if the person knows or recklessly disregards the fact that the alien will be in violation of federal law.
    • Capell & Howard, P.C. 2011, All Right s Reserved
      18
      DON’T transport an illegal alien
    • Capell & Howard, P.C. 2011
      19
      DON’T transport an illegal alien
      It will be illegal to transport an alien “in furtherance of the unlawful presence of the alien in the United State, knowingly or in reckless disregard to the fact that the alien has com to, entered, or remained in the United States in violation of federal law.”
    • Capell & Howard, P.C. 2011
      20
      DON’T rent to an illegal alien
    • Capell & Howard, P.C. 2011
      21
      DON’T rent to an illegal alien
      It is illegal to harbor an unlawful alien by entering into a rental agreement with the alien, if the person knows or recklessly disregards the fact that the alien is in the United States illegally.
    • Capell & Howard, P.C. 2011
      22
      Benefits of Immigration Compliance
    • Capell & Howard, P.C. 2011
      23
      How to Contact Speaker:
      Tommy Eden
      Attorney at Law
      TEL: (334) 241-8030
      FAX: (334) 501-4512
      E-Mail: tme@chlaw.com
      Blog: www.alabamahrlaw.com
      Website: www.capellhoward.com
      Capell & Howard, P.C.
      3120-B Frederick Road
      Opelika, AL 36801
      Capell & Howard, P.C.
      150 South Perry Street
      Montgomery, AL 36104