Frustrated by inaction at the federal level, state legislatures are starting to push through their own tougher laws that hit employers who hire illegal aliens. One example is Missouri.

The Missouri law, which is being looked at by other states, establishes the following procedure for prosecuting any employer who knowingly hires an unauthorized alien:

1. Any state official, business entity, or state resident may file a sworn allegation with the Attorney General’s (AG) office alleging that an employer has knowingly hired an unauthorized employee;
2. Within 15 days the AG will request information from the company about the allegedly unauthorized employee. If the employer does not come forth with the requested information during the 15-day period, its business license and/or exemptions will be suspended until it is compliant;
3. The AG will then check the employee’s work authorization status through E-Verify; and
4. If E-Verify indicates that the worker is unauthorized, the AG may then file a civil action in Cole County against the company if the AG reasonably believes the employer hired the worker knowing of his or her illegal status.

If the court finds that the employer hired the worker knowing he or she lacked authorization to work, the court shall order suspension of the employer’s business licenses or exemptions for at least 14 days. The suspension ends only when the employer either terminates the employee or provides proof of the worker’s legal status. Penalties for subsequent violations include a one-year suspension and eventually permanent revocation of the employer’s business license or exemption.

Tags: e-verify, illegal aliens, Missouri