Effective Date: June 9, 2011
The Beason-Hammon Alabama Taxpayer & Citizen Protection Act (Act 2011-535), signed by Governor Robert Bentley, states that as of April 01, 2012, all public and private employers, within the State of Alabama, must enroll in E-Verify and thereafter, must verify all employees’ right to work within the United States through E-Verify. Alabama businesses with 25 or fewer employees may elect to use the Alabama E-Verify Employer Agent Service.
Business entities that are not in compliance with the Beason-Hammon Alabama Taxpayer & Citizen Protection Act may face penalties ranging from a suspension of business license with the State of Alabama to complete revocation of business license(s) and permit(s).
The law also states that “as a condition for the award of any contract, grant, or incentive by the state, any political subdivision thereof, or any state-funded entity to a business entity or employer that employs one or more employees, the business entity or employer shall provide documentation establishing that the business entity is a registered participant in the E-Verify program,” and that “No subcontractor on a project paid for by contract, grant, or incentive by the state, any political subdivision thereof, or any state-funded entity shall knowingly employ, hire for employment, or continue to employ an unauthorized alien and shall attest to such by sworn affidavit signed before a notary.”
Business entities, employers, and public employers that utilize E-Verify or any valid and lawful government issued document that establishes that the person is not an unauthorized alien to verify the work authorization of the individual, reduce wrongful discharge and retaliation liability under Alabama law. In contrast, the consequences of knowingly employing illegal immigrants or utilizing the services of entities that knowingly employ illegal residents include:
A court order requiring the employer to terminate all unauthorized aliens
Suspension of business license
A three-year probationary period including required quarterly reports
Termination of state contract
Additionally, a sworn affidavit stating the employer will not knowingly or intentionally employ unauthorized aliens is also required in order to have any business license restored, and subsequent violations could result in permanent business suspension or revocation.
The Beason-Hammon Alabama Taxpayer and Citizen Protection Act is perhaps one of the more stringent state illegal immigration laws - unauthorized aliens who "knowingly apply for work, solicit work in a public or private place, or perform work as an employee or independent contractor" will be guilty of a Class C misdemeanor; it is a Class A misdemeanor to knowingly or recklessly disregard immigration status when entering into a rental agreement with an alien; public schools must determine the immigration status of students; and law enforcement is authorized to detain individuals who are unable to produce proper citizenship documentation.