Employing Illegal Aliens

Suggested State Legislation: 2009 Docket

Download the PDF Version

This Act establishes penalties for knowingly employing an illegal alien. It defines “knowingly” as having actual knowledge that a person is an illegal alien or having a duty imposed by law to determine the immigration status of an illegal alien and failing to perform such duty. Violators can have their business license suspended. The Act also permits local governments in the state to enter into a written agreement with the United States Department of Homeland Security to help enforce federal immigration laws concerning investigating, detaining, and removing illegal aliens.

Submitted as:
Tennessee
Public Chapter No. 529
Status: Enacted into law in 2007.

(Title, enacting clause, etc.)

Section 1. [Short Title.] 1 This Act shall be cited as “An Act to Prohibit Employing Illegal
Aliens.”

Section 2. [Definitions.]
(a) As used in this section, unless the context otherwise requires:
(1) “Commissioner” means the [commissioner of labor and workforce development].
(2) “Department” means the [department of labor and workforce development].
(3) “Employ” or “employment” means any work engaged in for compensation in money or other valuable consideration and for which a person paying the compensation for the work performed is required to file a “Form W-2” Wage and Tax Statement with the Federal Internal Revenue Service.
(4) “Illegal alien” means a person who is at the time of employment neither an alien who is lawfully admitted for permanent residence in the United States pursuant to the Federal Immigration and Naturalization Act nor authorized to be employed by the Federal Immigration and Naturalization Act or the United States Attorney General.
(5) “Knowingly” means having actual knowledge that a person is an illegal alien or having a duty imposed by law to determine the immigration status of an illegal alien and failing to perform such duty.
(6) “Lawful resident alien” means a person who is entitled to lawful residence in the United States pursuant to the Federal Immigration and Naturalization Act.
(7) “Lawful resident verification information” means the documentation that is required by the United States Department of Homeland Security when completing the employment eligibility verification form commonly referred to as the federal “Form I-9.”  Documentation that later proves to be falsified, but that at the time of employment satisfies the requirements of the “Form I-9,” is lawful resident verification information.
(8) “License” means any certificate, approval, registration or similar form of permission required by law.
(9) “Person” means 29 eans an individual, corporation, partnership, association or any other legal entity.
(b) A person shall not knowingly employ, recruit or refer for a fee for employment, an illegal  alien.
(c) A person has not violated subsection (b) with respect to a particular employee if the person:
(1) Requested from the employee, received, and documented in the employee record at least [fourteen (14) calendar days] after commencement of employment lawful resident verification information consistent with employer requirements under the Immigration Reform and Control Act of 1986; and
(2) The lawful resident verification information provided by the person later was determined to be false.
(d) A person has not violated subsection (b) with respect to a particular employee if the person verified the immigrant status of the person at least [fourteen (14) calendar days] after commencement of employment by using the Federal Electronic Work Authorization Verification Service provided by the United States Department of Homeland Security pursuant to the Federal  Basic Pilot Program Extension and Expansion Act of 2003.
(e) If any state or local governmental agency, officer, employee or entity has reason to believe that a violation of subsection (b) has occurred, the agency, officer, employee or entity shall file a complaint with the [department]. Upon receipt of the complaint, the [commissioner] shall conduct an investigation. If there is substantial evidence that a violation of subsection (b) has occurred, the [commissioner] shall conduct a contested case hearing pursuant to the Uniform Administrative Procedures Act, complied in [insert citation], on the question of whether such person has violated subsection (b). If the [commissioner] or the [commissioner’s] designee determines that there is clear and convincing evidence that a person has violated subsection (b) and such violation occurred while the person was acting within the scope of practice of a license consistent with [insert citation], requiring the appropriate regulatory board or local government with respect to business licensure pursuant to [insert citation], to revoke, suspend, or deny the person’s license. The [commissioner] shall state in their findings of fact and conclusions of law whether there have been previous violations of subsection (b).
(1) For the first violation of subsection (b), the [commissioner] shall order that the regulatory board or local government suspend the person’s license until the person shows to the satisfaction of the [commissioner] that the person is no longer in violation of subsection (b). Such showing may be made by the person filing a sworn statement with the [commissioner] stating that the person is no longer employing illegal aliens.
(2) For a second or subsequent violation of subsection (b) occurring within [three (3)] years from the issuance of the [commissioner’s] first order, the [commissioner] shall order that the regulatory agency or local government suspend the license for [one (1)] year.

Section 3. [Inter-Branch Agreements to Enforce this Act.]
(a) For purposes of enforcing federal immigration laws, including, if applicable, federal laws relating to the employment of illegal aliens, the legislative body of a municipality or county, or the chief law enforcement officer of the county upon approval by the governing legislative body, may enter into a written Memorandum of Understanding, in accordance with federal law, between the municipality or county and the United States Department of Homeland Security concerning the enforcement of federal immigration laws, detention and removals, and investigations in the municipality or county.
(b) If a Memorandum of Understanding with the United States Department of Homeland Security is executed pursuant to subsection (a), municipal and county law enforcement officers shall be designated from local law enforcement agencies which, by written designation and recommendation of a commanding officer, shall be trained pursuant to such Memorandum of Understanding. Funding for such training shall be provided pursuant to the Federal Homeland Security Appropriation Act of 2006, Public Law 109-90 or subsequent federal funding sources.

Section 4. [Commissioner Authorized to Promulgate Rules and Regulations to Implement this Act.] The [commissioner] is authorized to promulgate rules and regulations to effectuate the purposes of this Act. All such rules and regulations shall be promulgated in accordance with the provisions of [insert citation].

Section 5. [Severability.] [Insert severability clause.]

Section 6. [Repealer.] [Insert repealer clause.]

Section 7. [Effective Date.] [Insert effective date.]

AttachmentSize
employingillegalaliens2009ssl.pdf25.52 KB