Thread: Tennessee releases new immigration guidelines

Nashville Business Journal
by Brian Reisinger, Staff Reporter
Date: Wednesday, January 4, 2012, 2:48pm CST

The state of Tennessee has released guidelines related to immigration reform that was a hot topic for the business community last year.

The Tennessee Lawful Employment Act is now in effect, requiring employers to follow new guidelines with all employees they hire after Jan. 1 of this year. Debate over immigration reform — which initially would have gone much further — was a major issue for businesses concerned about hurting economic development and conservative Republicans looking to curb illegal immigration.

Excerpts from the state’s announcement:

Tennessee Department of Labor and Workforce Development Commissioner Karla Davis today announced new requirements of all employers in Tennessee to demonstrate that they are hiring and maintaining a legal workforce.

“This online verification process is designed to be convenient for employers and only takes a few minutes to complete. The department can provide assistance to employers who don’t have Internet access,” said Commissioner Davis.

Signed into law by Gov. Bill Haslam on June 7, 2011, the Tennessee Lawful Employment Act requires verifying the employment eligibility of all newly hired employees through the online E-Verify program, or requesting all newly hired employees to provide one of the following identity and employment authorization documents as required:

A valid Tennessee driver’s license or photo identification

A valid driver’s license or photo identification from another state where the license requirements are at least as strict as those in Tennessee

A birth certificate issued by a U.S. state, jurisdiction or territory

A U.S. government issued certified birth certificate

A valid, unexpired U.S. passport

A U.S. certificate of birth abroad

A report of birth abroad or a citizen of the U.S.

A certificate of citizenship

A certificate of naturalization

A U.S. citizen identification card

A lawful permanent resident card

The law also requires employers to obtain and maintain a copy of one of the above listed identity/employment authorization documents for all non-employees as well. A “non-employee” is defined as any individual, other than an employee, paid directly by the employer in exchange for the individual’s labor or services.

Brian Reisinger covers government, banking/finance, civic affairs, professional services and nonprofits.

http://www.bizjournals.com/nashville...gislation.html

Move to halt jail immigration screenings suffers setback

Lawyer didn't have proper proof to ask for restraining order

2:11 AM, Jan. 5, 2012 |

Immigration attorney Elliott Ozment, left, talks with R. Andrew Free about a continuance of their hearing.">
Immigration attorney Elliott Ozment, left, talks with R. Andrew Free about a continuance of their hearing. / Larry McCormack / The Tennessean







Immigration attorney Elliott Ozment wanted rules requiring Tennessee jailers to screen the newly arrested for their immigration status to be halted. His request was denied. / Larry McCormack / The Tennessean


New statewide immigration screening rules may have temporarily survived a legal challenge on Wednesday, but the board that created them may attempt a do-over at its next meeting.
Immigration attorney Elliott Ozment had asked a Davidson County chancellor to halt rules that require Tennessee jailers to screen the newly arrested for their immigration status, arguing that the Tennessee Peace Officers Standards and Training Commission created the guidelines in emails, not public meetings as required by law. On Wednesday, Davidson County Chancellor Ellen Hobbs Lyle told Ozment that he didn’t have the proper proof to ask for that temporary restraining order, but gave him more time to provide the proof.
“Under these circumstances, the court would have to deny the injunction,” Lyle said.
Revisiting issue

But an attorney for the training commission said that its upcoming meeting could change all that. Ben Whitehouse, an attorney with the Tennessee Attorney General’s Office, said the commission planned to revisit the immigration rules at its Jan. 13 meeting.
“They might decide to take an action that might render this (case) moot,” Whitehouse told the court.
Whitehouse later said that he wasn’t aware what action the commission might take, only that it was on the Jan. 13 agenda.
Ozment filed the suit in December, asking Lyle to suspend the rules. According to his complaint, the commission created the rules in secret via emails and didn’t seek input from the state’s sheriffs, whom he says are now financially burdened by the new procedures. He said the commission’s October 2010 meeting wasn’t properly publicized and that the new rules improperly add to the time it takes for suspects to be booked and released.
The Tennessee Coalition for Open Government has said that the commission is subject to the state’s open meetings laws.
While the judge dealt his case a temporary setback, she scheduled a new hearing for Feb. 3 so Ozment could properly address her evidence concerns. Ozment said he wasn’t disheartened by the ruling, particularly because the training commission is set to revisit the issue.
“I don’t consider it a setback at all because we’re very curious to see what the POST Commission does,” Ozment said after the hearing.



Contact Brian Haas at 615-726-8968 or bhaas@tennessean.com.


http://www.tennessean.com/article/20...0045/1969/NEWS