State and Federal Immigration Law Information and Updates
Keeping Your Business in Compliance
As Alabama, Georgia, and other states where our clients do business pass and enforce their own immigration laws, the pressure is on businesses to make sure that they are fully complying with all laws and regulations that require employment of authorized workers only. This page is designed to bring you updated and pertinent information about these laws to help you make the right decisions for your business.
Links:
Click here to go to Alabama Information
Click here to go to Georgia Information
Click here to go to Tennessee Information
Click here to go to Federal Information
H.B. 56 Alabama’s Immigration Law: News and Information
• *NEW! 11th Circuit enjoins two additional provisions of Alabama’s immigration law
• *Alabama’s Attorney General issues guidance on the meaning of “public benefits” under Alabama’s immigration law
• * Alabama’s Secretary of State releases official form affidavits for use by businesses receiving contracts, grants, and/or incentives from Alabama state and local government agencies
• Alabama government releases memorandum instructing state agencies on licensing under Alabama’s immigration law
• Burr Alert: State Circuit Court Judge comments on H.B. 56’s Contract Provision
• Burr Alert: 11th Circuit Court of Appeals Enjoins 2 Provisions of HB-56
• Burr Alert: Alabama Starts Working To Enforce HB-56
• Burr Alert: Alabama’s Immigration Law Largely Upheld
• Click here for an opinion from the Administrative Office of Courts on the law’s requirement that all Alabama residents carry a drivers license. (PDF)
• Watch an informative video discussing HB-56 and what you need to know to protect your business.
• View the video PowerPoint Presentation (PDF)
• Click here to read HB-56 (PDF)
For more information, please contact one of the attorneys listed below or the attorney with whom you regularly work.
H.B. 87 Georgia’s Immigration Law: News and Information
• *NEW! Georgia releases form affidavits for businesses to either confirm their enrollment in E-Verify or confirm their exemption from Georgia’s immigration law
• *NEW! Zack Rippeon comments on the impact of Georgia’s immigration law on the construction industry.
• Burr Alert: E-verify Mandatory for Most Georgia Employers
• Click here to read H.B. 87.
For more information, please contact one of the attorneys listed below or the attorney with whom you regularly work.
H.B. 1378 Tennessee’s Immigration Law: News and Information
• *NEW! Tennessee Department of Labor and Workforce Development publishes FAQ on Tennessee’s immigration law.
For more information from the Department, click here
• Read H.B. 1378.
• Burr Alert: What Employers Should Know About the Tennessee Lawful Employment Act
Federal Immigration Law Resources
Understanding federal requirements for employers about the hiring of authorized workers is the cornerstone for complying with state laws. Knowing that Immigration and Customs Enforcement (ICE) is actively enforcing federal law through worksite inspections and raids, we want to assist clients with information that will help to comply with federal law in addition to state laws.
Click here to read an article by Mac Greaves, Kristin Ashworth, and Anna Scully about federal immigration law requirements and Alabama requirements that affect your business.
Knowing how to properly fill out Form I-9, how to properly review I-9 identity and work authorization documents, and how to properly retain completed I-9s is the foundation for using E-verify and for complying with the federal and state law commandment: THOU SHALT NOT KNOWINGLY HIRE OR EMPLOY AN UNAUTHORIZED WORKER.
The United States Citizenship and Immigration Service (USCIS) has a wealth of information on I-9 compliance practices. Click here to link to the USCIS webpage I-9 Central.
When your business enrolls in and begins using E-verify, the federal government expects that certain rules be observed as a condition to using the system. Those rules are laid out in the E-verify Memorandum of Understanding, which functions like a contract between your business and the federal government. Click here to read a copy of the Memorandum of Understanding.
The USCIS website also has valuable resources and manuals for understanding and using the E-verify system, as well as an explanation of the differences between E-verify and other systems your business may use, such as SSNVS or SAVE. Click here to link to USCIS’s E-verify home page.
The federal government also expects businesses to refrain from discriminating against any potential hire or employee on the basis of race, nationality, or immigration status. So, while you are determining how to comply with the laws discussed above, be mindful that your practices and procedures guard against certain discriminatory offenses.
The Department of Justice’s Office of Special Counsel for Immigration-related Unfair Employment Practices, the entity responsible for prosecuting these offenses, has general guidelines for avoiding discrimination on its website. This agency also has published a brief memorandum on practices that could be construed as discriminatory, which you can view by clicking here.
You can also contact the Burr & Forman attorneys listed on this page, or the Burr & Forman attorney you normally work with, for guidance and advice.