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Articles
 

May 2008 
A Review of State Employer Immigration Laws
by Greg Siskind, Siskind Susser Bland, US

Type of Law

States

 

 

General bar on employers knowingly hiring unauthorized immigrants

AZ, CO, MS, NH, TN, WV

Revocation of business licenses of employers knowingly hiring unauthorized employees

AZ, MS, TN, WV

Requires all employers in the state to use E-Verify

AZ, MS

Requires all public employers in the state to use E-Verify

AZ, GA, MN, MS, NC, OK, RI

Requires all public employers to use either E-Verify or an equivalent government or third party status verification

UT

Requires all employers contracting with public employers to use either E-Verify or an equivalent government or third party status verification

UT

Bars employers in the state from using E-Verify

IL

State agencies are barred from contracting with employers who knowingly employ unauthorized immigrants

AR,CO, ID, MA, MO, TN

Requires businesses contracting with state agencies to certify employees are legal

AR, CO, MA, MO, OK, TN

Requires business contracting with state to use E-Verify

AZ, CO, GA, MN, MS, RI

Requires companies receiving subsidies or economic incentives from state agencies to certify all employees are authorized to work

CO, IA, MN, MO, PA, TX

Requires companies receiving economic incentives to use E-Verify

AZ

Employers using E-Verify gave favorable treatment in securing subsidies or economic incentives from state agencies

MN

Requires that public employer’s employees by US citizens, permanent residents or have the right to work in the US for any employer

HI

E-Verify is a safe harbor protecting employers from prosecution for knowingly hiring unauthorized immigrants

AZ, , MS, TN

Employers requesting more or different documents than required under IRCA’s Form I-9 are committing a civil rights violation

IL

Requires employers using E-Verify to sign a state law attestation

IL

Requires employers post a notice about state laws if they use E-Verify

IL

In considering a bid, a state agency may consider a potential contractors’ use of non-citizens employees and whether the use of such employees would be detrimental to state residents or the state economy.

MI

Employers are required to maintain file copies of all documents reviewed as part of the Form I-9 process

CO

Employers subject to fines and jail sentences for violating state law

CO, MN, OK, WV

State harboring and transporting laws targeting employers

OK, UT

Wages paid to unauthorized immigrants may not be deducted on employers’ state income tax returns

CO, GA,WV

Requires employers to certify to the state that all employees are authorized

CO

Requires employers to withhold income tax payments for independent contractors who provide a taxpayer identification number

CO, GA

Creates a private cause of action for US employees when employer terminates to hire an unauthorized employee

OK, MS, UT

Makes it a felony to accept unauthorized employment

MS

 

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What's New

June 2008 - Attorney Sergio Karas is co-chairing a two day program on practical solutions for bringing in foreign workers expediently and cost-effectively. 

March 2008 - Attorney Sergio Karas as quoted in an article in Law Times about a new temporary foreign worker unit aimed at creating an easier entry for workers in certain professions in Canada.

January 2008 - Attorney Jelle Kroes prepared an article highlighting the developments in Dutch immigration policies. 


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