Immigration Update and E-Verify Demo
Sam Wilkins Office of Human Resources Director
The South Carolina Illegal Immigration Reform Act
• SC enacted House Bill 4400 which became law by signing of the Governor on June 4, 2008 • Requires all public sector employers to verify all new employees have work authorization in the U.S. • Verify by using the federal work authorization program, currently known as E-Verify • Must verify new employees beginning on January 1, 2009
Public Employment Components of the Act
• 8-14-10(A) – Definitions section • 8-14-20(A) – Requires participation in the federal work authorization program • 8-14-20 (B) – Public employers may not enter into a services contract unless the contractor:
• 1) Registers and participates in the federal work authorization program; or • 2) Employs only:
• workers who possess a valid SC driver’s license or identification card; • are eligible to obtain a SC driver’s license or identification card; or • Possess a valid driver’s license or identification card from another state where license requirements are as strict as SC’s
Public Employment Components of the Act (All Public Employers)
• 8-14-20 (C) – Public employers and contractors may not divide the work into separate contracts to get around statute • 8-14-20 (D) – Contractors must comply:
• January 1, 2009, if have 500+ employee’s • July 1, 2009, if have 100-499 employee’s • January 1, 2010, for all other contractors
Public Employment Components of the Act (cont.)
• 8-14-20 (E) – Requires private employers to comply with Chapter 8, Title 41 • 8-14-30 – Provides exclusive procurement remedy for violations of the procurement code • 8-14-40 – Public employer is in compliance if a written statement is obtained from the contractor certifying the contractor meets the provisions of 8-14-20(B)
Public Employment Components of the Act (cont.)
• 8-14-50 – A contractor or public employer who makes a good faith effort to comply will not be subject to civil or administrative action • 8-14-60 – Makes it a felony if a person knowingly files a false, fictitious or fraudulent document • 8-14-70 – Local governments may not enact an ordinance that would prohibit enforcement of the provisions of this Act
Other Implications
• If fraudulent documents were used to receive employment authorization or certain types of benefits, restitution and other civil and criminal charges may be assessed
• Workers who are fired and subsequently replaced with illegal workers may be eligible to sue their former employer
Public Employment Components of the Act (B&CB and DOT)
• 8-14-80 – The director of the State Budget & Control Board shall prescribe all forms and promulgate regulations necessary for the application of this section of the Act • 8-14-90 – The director of the Department of Transportation shall prescribe all forms, promulgate regulations, and adopt rules necessary for the application of this chapter to a contract or agreement relating to public transit and shall publish on DOT’s website
Other Components of the Act
• Private employers will also be required to either register and participate in EVerify, or verify based on the driver’s license options similar to contractors • Begin verification on July 1, 2009, for private employers with 100 or more employees • Begin verification July 1, 2010, for private employers with less than 100 employees
Parties Named in the Act
• Comm. on Minority Affairs • Higher Education • Dept. of Education • DOR • ESC • LLR • B & CB • DMV • DOT • SLED • SCDC • Governor • Any state agency providing public assistance • Administrative Law Court • Attorney General’s Office • Jail Operators • Firearms Sellers • Municipalities and Political Subdivisions • Withholding Agents • Private Employers • Juries
Other Components of the Act
• Authorizes SLED to negotiate a memorandum of understanding with DHS to enforce federal immigration laws and detain unlawful aliens • Requires all agencies offering public assistance benefits to verify the lawful presence of applicants • Requires the Commission on Minority Affairs to establish a 24-hour toll free hotline
Other Components of the Act (cont.)
• Requires DOR to update employers no later than July 1, 2008, of the state tax changes enacted by the Act • Higher Education may not admit nor provide state scholarships, grants, or financial aid to persons present unlawfully • ESC must provide technical assistance to private employers for the purpose of registering and participating in E-Verify
Other Components of the Act (cont.)
• LLR is responsible for promulgating regulations and forms for the private sector
• Also responsible for auditing, inspecting, and assessing civil penalties and other disciplinary actions on private employers
• Administrative Law Court may review penalties or disciplinary actions assessed upon request of the private employer
Introduction and Overview
Francine Hill Department of Homeland Security (DHS)
Preparing for E-Verify
• Required to use by January 1, 2009 • Agencies will be required to execute a Memorandum of Understanding (MOU) • Agencies will need to designate users and allow time to receive log-in information • Agencies who are already using EVerify, will need to update their “company profile”
E-Verify Timeline
• July 18, 2008 – introduction to E-Verify
• August, September, and October – webinars will be held
• December 1, 2008 - deadline for agencies to execute an MOU • Agencies begin using E-Verify by December 15, 2008 in order to be compliant with the January 1, 2009 deadline
Considerations for E-Verify
• OHR role will be Corporate Administrator • Agencies will need to designate Program Administrators and General Users • E-Verify User Manual (M-574) available on the www.USCIS.gov website • Posters are also required to be displayed by all employers who use E-Verify
Considerations for E-Verify (cont.)
• In order to participate in webinars, agencies will need to install WebEx
• OHR will provide a tip sheet • Agencies will also need to sign up to attend
• Webinars can accommodate up to 45 log-in’s for each session
Questions