The Alabama Taxpayer and Citizen Protection Act - HB56 Requires Employers To Use E-Verify


Alabama E-Verify ComplianceThe Alabama Taxpayer and Citizen Protection Act was signed into law on June 9, 2011. The new provisions require that all public and private employers must enroll in and utilize E-Verify or collect one of the following specified identification forms for all new employees effective January 1, 2012:

  • A valid, unexpired Alabama driver's license
  • A valid, unexpired Alabama non-driver identification card
  • A valid tribal enrollment card or other form of tribal identification
  • Any valid United States federal, state, or local government issued identification document if issued by an entity that requires proof of lawful presence in the United States before issuance
  • A foreign passport with a United States Visa
  • A foreign passport issued by a visa waiver country with the corresponding entry stamp and duration of stay annotation or an I-94W form
Please note that employers who elect to utilize any of these valid and lawful government issued documents to verify the work authorization of an employee are required to keep a copy of the front and back of the applicable document(s) on file throughout the individual’s employment and for one year after the employee is no longer employed.

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 “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, are immune from wrongful discharge or 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
  • Fines

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 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.

Contact EBI today to learn more about EBI’s employment eligibility solutions. EBI offers electronic Form I-9 and E-Verify solutions to employers.  EBI is a proud supporter and an approved designated Agent for the Department of Homeland Security.

Employment Background Investigations, Inc. is committed to providing employers with valuable education, news and resources around background screening, drug testing, occupational healthcare and employment eligibility.  All content provided by EBI is published for the convenience of its readers and should never be deemed as legal guidance or advice.  Always consult your legal counsel for specific advice on local laws and industry regulations.

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