Your SlideShare is downloading. ×
0
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Alabama Immigration Law Top 10 Do’S And Don’T    8.15.11
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×
Saving this for later? Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime – even offline.
Text the download link to your phone
Standard text messaging rates apply

Alabama Immigration Law Top 10 Do’S And Don’T 8.15.11

810

Published on

10 Does and Don\'t under new Alabama Immigration Law

10 Does and Don\'t under new Alabama Immigration Law

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
810
On Slideshare
0
From Embeds
0
Number of Embeds
0
Actions
Shares
0
Downloads
2
Comments
0
Likes
0
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. 1
    Capell & Howard, P.C. 2011
    Top 10 DO’s and DON’T for Employers under the Alabama Immigration Act
    Thomas M. Eden, III
    Attorney
    Capell & Howard, P.C.
  • 2. 2
    Capell & Howard, P.C. 2011
    Don’t knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the State of Alabama
    2
  • 3. 3
    Capell & Howard, P.C. 2011
    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.
    3
  • 4. 4
    Capell & Howard, P.C. 2011
    4
    DO enroll in E-Verify
  • 5. 5
    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.
    • 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.
    • 6. 17 states currently mandate E-Verify use, recently adding Georgia, Indiana, Louisiana, North Carolina, South Carolina, Tennessee and Virginia
  • 6
    Capell & Howard, P.C. 2011
    DO Count the Cost
    State Contracting Obligations: Article 9 states, “as a condition for the award of any contract, grant or incentive by the state, any political subdivision thereof, or any state-funded entity to an employer that employs on or more employees, the employer shall not knowingly employ an illegal alien and shall attest to such, by sworn affidavit signed before a notary.”
  • 7. 7
    Capell & Howard, P.C. 2011
    State Contracting Obligations (cont.)
    Must provide documentation establishing E-Verify enrollment
    Must continue to use E-Verify throughout contract
    E-Verify every newly hired employee in accordance with federal rules and regulations
    It only takes one employee to require compliance
  • 8. 8
    Capell & Howard, P.C. 2011
    State Contracting Obligations (cont.)
    Sub-contractors same as for contractors except:
    • Must attach to the sworn affidavit documentation establishing that the sub-contractor is enrolled in the E-Verify program
    • 9. Applies to any tier contractor
    • 10. No liability for contractor if sub-contractors sworn affidavit in good faith shows compliance
    • 11. Direct knowledge of violation creates contractor liability in spite of affidavits
  • 9
    Capell & Howard, P.C. 2011
    State Contracting Penalties
    First Violation:
    • Contract voided and business license suspended for 60 days
    • 12. Notice provided and opportunity to be heard
    • 13. Attorney General may bring an action to suspend the business license and permits
    • 14. Court shall order business entity to file signed sworn affidavit with the local District Attorney within 3 days
  • 10
    Capell & Howard, P.C. 2011
    State Contracting Penalties (cont.)
    • Affidavit must state that the employer has terminated every unauthorized alien and that the business will not knowingly or intentionally employ an unauthorized alien in the state
    • 15. Sworn affidavit must state E-Verify enrollment and must provide copy of Memorandum of Understanding
  • 11
    Capell & Howard, P.C. 2011
    State Contracting Penalties (cont.)
    Second Violation:
    • Contract to be terminated after providing notice and opportunity to be heard
    • 16. Attorney General to bring action to permanently revoke business licenses and permits of the employer
    • 17. Same penalty and disqualification procedures apply to sub-contractors
    • 18. Contractor enrolled in E-Verify shall be found not guilty of violation
    • 19. Secretary of State shall reflect suspension of business license and permits to do business in Alabama
  • ICE Penalties
    I-9 Penalties for Knowing Hire/Continuing to Employ Violations
    Three Tiers of Violators - Penalty Amounts:
  • 20. ICE Penalties
    I-9 Penalties for Substantive and Uncorrected Technical Violations for each I-9 Form:
  • 21. 14
    Capell & Howard, P.C. 2011
    DO terminate any employee if you become aware of their illegal status
  • 22. 15
    Capell & Howard, P.C. 2011
    The employer could face severe penalties involving probation and suspension of business license.
    DO terminate any employee if you become aware of their illegal status
  • 23. 16
    Capell & Howard, P.C. 2011
    Article 15 – Any Employer Penalties
    Any Alabama employer who is found to have knowingly employed an illegal alien or continued to employ after April 1, 2012
    Mandated that E-Verify be used
    First Violation:
    • By a court of competent jurisdiction
    • 24. Order the termination of the unauthorized alien
    • 25. Three year probation period for the business
    • 26. File quarterly reports with the local District Attorney for each newly hired employee
  • 17
    Capell & Howard, P.C. 2011
    Article 15 – Any Employer Penalties (cont)
    • Must file signed, sworn affidavit with local District Attorney within 3 days that employer has terminated every unauthorized illegal alien and will not knowingly hire in the future
    • 27. Direct the state, county or city to suspend the business license and permits for a period not to exceed 10 days at the location where the unauthorized alien performed work
    • 28. Before business license reinstated, employer shall submit to the court a signed, sworn affidavit that in compliance with E-Verify Memorandum of Understanding
    • 29. Business license reinstated 1 day after above is completed
  • 18
    Capell & Howard, P.C. 2011
    Article 15 – Any Employer Penalties (cont)
    Second Violation:
    • Court shall direct the state, county or city to permanently revoke all business licenses and permits where the illegal unauthorized alien worked
    Subsequent violations:
    • Court shall direct the governing bodies to forever suspend the business licenses and permits throughout the State of Alabama
    • 30. Throughout the proceedings good faith compliance with E-Verify is a defense
  • 19
    Capell & Howard, P.C. 2011
    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
  • 31. 20
    Capell & Howard, P.C. 2011
    DON’T deduct
    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.
  • 32. 21
    Capell & Howard, P.C. 2011
    DON’T discriminate
  • 33. 22
    Capell & Howard, P.C. 2011
    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.
  • 34. 23
    Capell & Howard, P.C. 2011
    DON’T enter into contracts with illegal aliens
  • 35. 24
    Capell & Howard, P.C. 2011
    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.
  • 36. 25
    Capell & Howard, P.C. 2011
    DON’T pick up day labor in your vehicle
  • 37. 26
    Capell & Howard, P.C. 2011
    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.
  • 38. 27
    Capell & Howard, P.C. 2011
    DON’T house an illegal alien
  • 39. 28
    Capell & Howard, P.C. 2011
    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.
  • 40. 29
    Capell & Howard, P.C. 2011
    DON’T transport an illegal alien
  • 41. 30
    Capell & Howard, P.C. 2011
    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.”
  • 42. 31
    Capell & Howard, P.C. 2011
    DON’T rent to an illegal alien
  • 43. 32
    Capell & Howard, P.C. 2011
    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.
  • 44. 33
    Capell & Howard, P.C. 2011
    Benefits of Immigration Compliance
  • 45.
    • Enroll in E-Verify at:
    https://e-verify.uscis.gov/enroll/StartPage.aspx?JS=YES
    • Schedule I-9 Supervisor Training because the E-Verify system is only as good as the information collected on your I-9 forms – must be retained as before;
    • 46. Put an E-Verify policy in your employee handbook;
    • 47. Conduct I-9 Audit for all past hires - with professional signoff that you are currently in compliance;
    • 48. Build a paper trail with all SSA no match employees or “unable to determine work eligibility” from I-9 Audit; and
    • 49. Stay informed Judge Blackburn Hearing August 24 9:00am.
    34
    Capell & Howard, P.C. 2011
    Immigration To Do List for Employers
  • 50. 35
    Capell & Howard, P.C. 2011
    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.blogspot.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

×