IMMIGRATION LAW
SECTION 9
CONTRACTING WITH
GOVERNMENTAL ENTITIES
BEASON-HAMMON ACT
• BEASON-HAMMON ALABAMA TAXPAYER AND
CITIZEN PROTECTION ACT
• SECTION 9 EFFECTIVE JANUARY 1, 2012
• NOT STAYED BY THE COURTS YET !!!
SECTION 9
• A: AS A CONDITION FOR THE AWARD OF ANY
CONTRACT, GRANT, OR INCENTIVE BY THE STATE,
ANY POLITICAL SUBDIVISON THEREOF, OR ANY
STATE-FUNDED ENTITY TO A BUSINESS ENTITY OR
EMPLOYER THAT EMPLOYS ONE OR MORE
EMPLOYEES, THE BUSINESS ENTITY OR EMPLOYER
SHALL NOT KNOWINGLY EMPLOY, HIRE FOR
EMPLOYMENT, OR CONTINUE TO EMPLOY AN
UNAUTHORIZED ALIEN AND SHALL ATTEST TO
SUCH, BY SWORN AFFADIVIT SIGNED BEFORE A
NOTARY.
BUSINESS ENTITY
• PERSON OR GROUP OF PERSONS
• PERFORMING OR ENGAGING IN ANY
– ACTIVITY
– ENTERPRISE
– PROFESSION
– OCCUPATION
– FOR GAIN, ADVANTAGE OR LIVELIHOOD
– FOR PROFIT OR NOT FOR PROFIT
ALSO INCLUDES
• SELF EMPLOYED, CORPORATIONS,
PARTNERSHIPS, LIMITED PARTNERSHIPS,
LIMITED LIABILITY COMPANIES, AND ANY
BUSINESS ENTITY THAT REGISTERS WITH
SECRETARY OF STATE.
• ANY BUSINESS POSSESSING BUSINESS
LICENSE, PERMIT, CERTIFICATE, APPROVAL,
REGISTRATION, ETC
AND FURTHER INCLUDES
• ANY BUSINESS ENTITY EXEMPT BY LAW FROM
OBTAINING BUSINESS LICENSE, AND
• ANY BUSINESS ENTITY OPERATING
UNLAWFULLY WITHOUT BUSINESS LICENSE
CONTRACTOR
• ONE WHO ENTERS AGREEMENT TO PERFORM
ANY SERVICE, WORK OR PROVIDE A PRODUCT
IN EXCHANGE FOR VALUABLE CONSIDERATION
• INCLUDES: GEN. CONTRACTOR, SUB,
INDEPENDENT CONTRACTOR, CONTRACT
EMPLOYEE, ETC.
AWARD OF CONTRACT
• EMPLOYER SHALL PROVIDE DOCUMENTATION
OF ENROLLMENT IN E-VERIFY.
• DURING CONTRACT: SHALL CONTINUE TO
VERIFY AS PER FEDERAL RULES. I.E. NEW
EMPLOYEES.
• SHALL GET VERIFICATION FROM SUB
CONTRACTORS
VIOLATIONS
•
•
•
•
CONTRACT TERMINATED
DUE PROCESS REQUIRED
AG CAN BRING ACTION
DA CAN GET INVOLVED
FORMS
• AFFIDAVIT TO BE SUPPLIED WITH BID OR
CONTRACT PROPOSAL BEFORE AWARDING
CONTRACT
• ROUTING SHEET MUST HAVE AFFIDAVIT AND
PROOF OF E-VERIFY ATTACHED
PLANS FOR DISCUSSION
• ADD TO WEBSITE?
– COPY OF AFFIDAVIT
– SEC OF STATE ADMINISTRATIVE FORMS
– LINK TO IMMIGRATION LAW
– STATEMENT THAT WE ARE ONLY FOLLOWING THE
LAW
PROCEDURES
• ATTACH AFFIDAVIT TO OUTSIDE OF PACKAGE?
• REQUIRE AFFIDAVIT BEFORE BID IS
REVIEWED?
• OUT-OF-STATE CONTRACTORS AND VENDORS?
• COMPLIANCE REVIEWS
REFERRING QUESTIONS AND
COMPLAINTS
• TO WHOM?
• WHAT RESPONSE AT DEPT. LEVEL?
• WHEN DOES IT REFERRED TO LEGAL?
SHOULD WE CONSIDER
• PRESS RELEASE?
• PRESS CONFERENCE?
• TALK TV AND/OR RADIO SHOWS?
I-9 AUDIT
• COMPLIANCE REVIEW
• HOMELAND SECURITY AUDITS
• SEVERE PENALTIES
COMMON ERRORS
•
•
•
•
•
ORIGINAL NOT AVAILABLE
WRONG FORM
WRONG ENTRIES
NO EXPIRATION DATE ON DOCUMENTS
FORM NOT COMPLETED
CORRECTIONS
• COMPLIANCE AUDIT
• REDO AS NECESSARY
• DO I KEEP COPIES OR MAKE COPIES
– FORM
– SUPPORTING DOCUMENTATION
NEW EMPLOYEES
•
•
•
•
•
•
GET TRAINING FOR FORM ADMINISTRATOR
VERIFY DOCUMENTS
USE I-9 TO ENTER EVERIFY
IF PROBLEM DEVELOPS, FOLLOW THE LAW
KEEP ORIGINAL IN SECURE FILE
MONITOR TIME PERIODS
TRAINING
• HAVE ONE OR MORE PERSONS TRAINED IN I-9
AND EVERIFY
• KEEP UP WITH FILES
• NEW FORM COMING IN AUGUST
CONCLUSION
• ENROLL IN EVERIFY
• SEND LETTER TO BUSINESSES CONTRACTING
WITH AGENCY
• MAKE PROCESS OF COMPLIANCE WITHIN
CONTRACTING DEPARTMENT
• KEEP RECORDS