April 1st Compliance Deadline for Alabama Immigration Law & E-Verify
The Beason-Hammon Alabama Taxpayer and Citizen Protection Act
Although there is still discussion and debate on this Act, almost all of the provisions affecting Alabama employers remain in place and impose significant new immigration compliance obligations with severe consequences if you fail to comply - including inability to contract with public entities and loss of business licenses and permits.
The compliance deadline was January 1, 2012 for those Alabama employers in any type of a contractual relationship with the state of Alabama, or any city, county or political subdivision.
All Alabama employers have to be fully compliant and enrolled in E-verify by April 1, 2012 (per Section 15 of the Act).
· Effective April 1, 2012
· Employers are prohibited from knowingly hiring, employing, or continuing to employ unauthorized aliens.
· Violators could face severe repercussions:
o First Violation
o The Court Shall:
§ Order the employer to terminate all unauthorized aliens.
§ Impose a 3-year probation on the employer throughout the state.
§ While on probation, the employer shall file quarterly reports with the local district attorney for each new employee who is hired.
§ Order the employer to file a signed, sworn affidavit with the local district attorney within 3 days after the order stating that the employer has terminated all unauthorized aliens and will not knowingly or intentionally hire any more unauthorized aliens.
§ Suspend the business licenses and permits of the employer for up to 10 business days specific to the location where the unauthorized alien performed work.
§ The suspended business license or permit will not be reinstated until the employer submits to the Court:
§ A signed, sworn affidavit stating that the employer is in compliance with the Act; and
§ A copy of the Memorandum Of Understanding issued to the employer at the time of enrollment in E-Verify.
o Second Violation
§ The Court shall permanently revoke all business licenses and permits of the employer specific to the location where the unauthorized alien performed work.
o Third Violation
§ The Court shall forever suspend all business licenses and permits of the employer throughout Alabama.
What Do Employers Need to Do?
· Enroll in the US Citizenship and Immigration Services E-Verify program (required for all Alabama businesses).
o Only pertains to new hires after April 1, 2012.
- If you are interested in outsourcing E-Verify, contact our sister company Payroll & Benefit Solutions at (205) 271-5407.
- Make sure Form I-9 is in compliance with federal requirements for all workers.
To read more about the Alabama Taxpayer and Citizen Protection Act...
BMSS is here to help and we will continue to monitor the situation and provide updates to you. This information is intended for general descriptive purposes only. Please consult your legal counsel to discuss your situation before taking any actions.
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Cynthia Hudson and her husband Neil have two children and are members of Saint Peter the Apostle Catholic Church. Originally from Sheffield, Alabama, Cynthia is a gradua... read more
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