New Alabama Law Requires Employers to Use E-Verify Employment Eligibility Verification System

A new law in Alabama signed by Republican Governor Robert Bentley would require employers to use the now-voluntary federal employment eligibility verification system known as E-Verify to ensure that newly hired employees are legally eligible to work in the United States and would also authorize the revocation of business licenses for companies that employ illegal workers. All Alabama employers, both public and private, must begin using E-Verify when hiring new employees no later than April 2012.

The Alabama Taxpayer and Citizen Protection Act – a rewritten version of the original HB 56 known as SB 256 – is considered by many to be the toughest immigration enforcement measure in the country to date would be even tougher than Arizona’s SB-1070 law requiring mandatory E-Verify use that was recently upheld by the U.S. Supreme Court in a 5-3 decision. To read the full text of the new Alabama Taxpayer and Citizen Protection Act, click here.

Similar to Arizona’s law, employers in Alabama would risk a suspended or revoked business license if they violate the law requiring usage of E-Verify, a free Internet-based system that checks information on the Employment Eligibility Verification “Form I-9” that all newly hired employees in the U.S. are required to complete against Department of Homeland Security (DHS) and Social Security Administration (SSA) databases.

The Immigration Reform and Control Act (IRCA) of 1986 makes it unlawful for an employer  “to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien.” The IRCA also requires employers to take steps to verify an employee’s eligibility for employment. In an attempt to improve that employment eligibility verification process, the U.S. Congress created E-Verify.

A Designated E-Verify Employer Agent such as Employment Screening Resources (ESR) – a nationwide background screening provider accredited by The National Association of Professional Background Screeners (NAPBS®) – can help employers comply with E-Verify requirements. To learn more about E-Verify services from Employment Screening Resources, visit http://www.esrcheck.com/formi9.php.

About Employment Screening Resources (ESR): Founded in 1997 in the San Francisco area with a mission to help employers and employees maintain safe workplaces, Employment Screening Resources (ESR) is accredited by The National Association of Professional Background Screeners (NAPBS®) and provides industry leading technology, legal compliance, service, turnaround, and accuracy. ESR also wrote the book on background checks with ‘The Safe Hiring Manual’ by founder and President Lester Rosen. For more information about ESR, visit http://www.ESRcheck.com.

Source: http://alisondb.legislature.state.al.us/acas/ACTIONViewFrameMac.asp?TYPE=Substitute&AMDSUB=131310-1&DOCNAME=131310-1.pdf&DOCPATH=searchableinstruments/2011RS/Printfiles&INST=HB56