CCH® PAYROLL — 8/22/07
Many states are getting active in the immigration area

In view of the absence of updated federal legislation, many states have enacted legislation dealing with the employment of unauthorized aliens in the U.S. These jurisdictions basically prohibit the employment of aliens without the compliance requirements under the Immigration and Reform Control Act of 1986, which states that employers must verify the U.S. citizenship or legal work authorization of persons hired after November 6, 1986. Below is a state by state summary:

Alaska.—The Office of Citizenship Assistance in the Department of Labor and Workforce Development aims to improve employment opportunities for legal aliens and prevent employment discrimination against them. (Title 23, Chapter 5, Section 23.05.125.)

Arizona.—State agencies are required by executive order to ensure compliance by state contractors with federal law and regulations related to the immigration status of their employees. Under the order, each state agency that enters into a state contract shall establish procedures to conduct random checks of the employment records of state contractors to ensure that their contractors are in compliance with their warranties. Under state law, public and private employers are prohibited from intentionally or knowingly employing an unauthorized alien. (Arizona Executive Order No. 2005-30, 2005Title 23, Chapter 2, Article 2, Sections 23-211 through 23-214, as enacted by H.B. 2779, L. 2007, effective Jan. 1, 2008.)

Arkansas.—State agencies are prohibited from entering into or renewing a public contract for services with a contractor who knows that the contractor or subcontractor employs or contracts with an illegal immigrant to perform work under the contract. (Title 19, Chapter 11, Subchapter 1, Section 19-11-105, as enacted by Act 157 (H.B. 1024), L. 2007, effective July 31, 2007.)

California.—State law requires public employers and their agents to comply with the Immigration and Reform Control Act of 1986, which states that employers must verify the U.S. citizenship or legal work authorization of persons hired after November 6, 1986. (Unemployment Insurance Code, Division 3, Part 1, Chapter 2, Article 2, Sections 9601.1 and 9601.7.) Also, all protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in California. (Civil Code, Division 4, Part I, Title 2, Chapter 2, Article 2, Section 3339.)

Colorado.— Employers are obligated to document their compliance with federal employment verification requirements. (Title 8, Article 2, Part 1, Section 8-2-122.) In addition, prior to executing a public contract for services, each prospective contractor shall certify that, at the time of the certification, it does not knowingly employ or contract with an illegal alien and that the contractor has participated or attempted to participate in the basic pilot program in order to confirm the employment eligibility of all employees who are newly hired for employment in the U.S. (Title 8, Chapter 17.5, Sections 8-17.5-101 and 8-17.5.102, as amended by H.B. 1073, L. 2007, effective Aug. 3, 2007.)

Connecticut.—Under state law employers are prohibited from knowingly employing illegal aliens. (Title 31, Section 31-51k.)

Florida.— The employment of unauthorized aliens is prohibited by state law. (Chapter 448, Section 448.09.)

Georgia.—Public employers and contractors or subcontractors of public employers must register in the federal work authorization program (the BASIC pilot program) to verify information of all new employees. The provision is effective July 1, 2007, for public employers, contractors, or subcontractors with 500 or more employees; July 1, 2008, for those with 100 or more employees; and July 1, 2009, for those with fewer than 100 employees. (Title 13, Chapter 10, Article 3, Sections 13-10-90 and 13-10-91, as enacted by Act 457 (S.B. 529), L. 2006, effective as noted above.)

Idaho.—The Governor has signed an executive order establishing a policy for all state agencies concerning illegal immigrants. Under the order, the Division of Human Resources shall develop and implement procedures to verify and ensure that all new employees with any agency of the state are eligible for employment under federal and state law. (Executive Order 2006-40, as signed Dec. 13, 2006.)

Kansas.—The employment of aliens illegally within the territory of the U.S. is prohibited. (Chapter 21, Article 44, Section 21,4409.)

Louisiana.—No person shall employ, hire, recruit, or refer, for private or public employment within the state, an alien who is not entitled to lawfully reside in the U.S. (Title 23, Chapter 9, Part VI, Sections 991 through 996.)

Maine.—Employers within the state of Maine may not knowingly employ aliens who have not been lawfully admitted to the U.S., unless authorized by the U.S. Immigration and Naturalization Service. (Title 26, Chapter 7, Subchapter IX, Section 871.)

Massachusetts.—Under state law employers are prohibited from knowingly employing any alien who has not been admitted to the U.S. for permanent residence, except those who are admitted under a work permit, or unless the employment of such alien is authorized by the U.S. Attorney General. (Part I, Title XXI, Chapter 149, Section 19C.) Also, all Executive Branch contracts entered into after February 23, 2007, must require contractors to certify, as a condition of receiving Commonwealth funds under the contract, that they will not knowingly use undocumented workers in connection with the performance of the contract. Pursuant to federal requirements, they must verify the immigration status of all workers assigned to the contract without engaging in unlawful discrimination and not knowingly or recklessly alter, falsify, or accept altered or falsified documents from any such worker. (Executive Order No. 481, signed February 23, 2007, by Governor Deval L. Patrick, effective immediately.)

Missouri.—State agencies are required to audit all of the contractors doing business with the state to ensure that the current employees of those contractors are legally eligible to work within the U.S. Each agency shall collect the information required to make such a determination and verify its accuracy. (Executive Order 07-13, reads as signed by Governor Matt Blunt on March 6, 2007.)

Montana.—Under state law the employment of aliens not lawfully authorized to accept employment is prohibited. (Title 39, Chapter 2, Section 39-2305.)

New Hampshire.—No employer may employ an alien whom the employer knows is not a citizen of the U.S. and not in possession of Form I-151, Alien Registration Receipt Card or any other document issued by the U.S. Immigration and Naturalization Service or the U.S. Attorney General which authorizes the person to work. (Title XXIII, Chapter 275-A, Sections 275-A:4a and 275-A:5 and Title XXX, Chapter 332-A, Section 332-A:2.)

North Carolina.—All State agencies shall, no later than the third working day after the hire, verify the employment eligibility of all employees hired after November 6, 1986. Verification must establish both identity and employment authorization and shall follow the requirements of federal law. (Title 25, Subchapter 1H, Section .0636, as adopted effective Feb. 1, 2007.)

Oklahoma.—Public employers, including contractors and subcontractors, are required to verify work authorization of all new employees beginning July 1, 2008. Contractors are required to register and participate in the Status Verification System to verify the work eligibility of all new employees. In addition, it would be discriminatory for public employers to discharge a legal U.S. resident working in Oklahoma while retaining an illegal immigrant hired after July 1, 2008, in a comparable job. (Title 25, Sections 1312 and 1313, as enacted by H.B. H.B. 1804, L. 2007, effective Nov. 1, 2007.)

Pennsylvania.—Public employers must not knowingly employ, or knowingly permit, the labor services of an illegal alien on any project. (Title 43, Chapter 5B, Sections 166.1 through 166.5.)

Tennessee.—It is unlawful for any person, unless granted an exemption by the U.S. department of labor and workforce development pursuant to its rulemaking authority, to knowingly employ or refer for employment any individual who has illegally entered the U.S. (Title 50, Chapter 1, Sections 50-1-103, as amended by Ch. 529 (H.B. 729), L. 2007, effective Jan. 1, 2008 and two sections to be appropriately designated as enacted by Ch. 220 (S.B. 903), L. 2007, effective May 24, 2007 and Ch. 529 (H.B. 729), L. 2007, effective Jan. 1, 2008.)

Utah.—All career and career service exempt employees must provide verifiable documentation of their identity and eligibility for employment in the U.S. by completing all sections of the Employment Eligibility Certification Form I-9. (Utah Administrative Code at R477-2, Section R477-2-7, as amended effective July 1, 2007.)

Vermont.—No employer may knowingly employ any alien unless the employer determines that the alien possesses the required certificate issued under the federal law or regulations issued thereunder, or has authorization from the immigration services. (Title 21, Chapter 5, Subchapter 4, Section 444a.)

Virginia.—It is unlawful for any employer or any person acting as an agent for an employer, or any person who, for a fee, refers an alien who cannot provide documents indicating that he or she is legally eligible for employment in the U.S. for employment to an employer, or an officer, agent or representative of a labor organization to knowingly employ, continue to employ, or refer for employment any alien who cannot provide documents indicating that he or she is legally eligible for employment in the U.S. Permits issued by the U.S. Department of Justice authorizing an alien to work in the U.S. are considered proof of eligibility for employment. (Title 40.1, Chapter 1, Section 40.1-11.1.)

West Virginia.—Public and private employers are required to check the residence status of prospective employees and are precluded from hiring unauthorized aliens. (Chapter 21, Article 1B, Sections 21-1B-1 through 21-1B-5, as amended by S.B. 70, L. 2007, effective June 16, 2007.)

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