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

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

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

9. Applies to any tier contractor

10. No liability for contractor if sub-contractors sworn affidavit in good faith shows compliance

12. Notice provided and opportunity to be heard

13. Attorney General may bring an action to suspend the business license and permits

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

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

24. Order the termination of the unauthorized alien

25. Three year probation period for the business

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

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

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