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Senate File 172 - IntroducedA Bill ForAn Act 1relating to the employment of unauthorized aliens and
2providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 93.1 Definitions.
2As used in this chapter, unless the context otherwise
3requires:
41. “Agency” means an agency, department, board, or
5commission of this state or a political subdivision that issues
6a license for purposes of operating a business in this state.
72. “Economic development incentive” means a grant, loan, or
8performance-based incentive awarded by a government entity of
9this state. “Economic development incentive” does not include a
10tax credit or tax incentive program.
113. “Employ” means hiring or continuing to employ an
12individual to perform services.
134. “Employee” means an individual who provides services
14or labor for an employer in this state for wages or other
15remuneration. “Employee” does not include an independent
16contractor.
175. “Employer” means a person, as defined in section 4.1,
18that transacts business in this state, that has a license
19issued by an agency in this state, and that employs twenty-five
20or more full-time employees in this state. “Employer” includes
21this state, a political subdivision of this state, and a
22self-employed individual. In the case of an independent
23contractor, “employer” means the independent contractor and
24does not mean the person or organization that uses the contract
25labor.
266. “E-verify program” means the employment verification
27program as jointly administered by the United States department
28of homeland security and the United States social security
29administration or any successor program.
307. “Government entity” means this state or a political
31subdivision of this state that receives and uses tax revenues.
328. a. “Independent contractor” means a person that carries
33on an independent business, that contracts to do a piece of
34work according to the person’s own means and methods and that
35is subject to control only as to results. Whether a person is
-1-1an independent contractor is determined on a case-by-case basis
2through various factors, including whether the person does any
3of the following:
4(1) Supplies tools or materials.
5(2) Makes services available to the general public.
6(3) Works or may work for a number of clients at the same
7time.
8(4) Has an opportunity for profit or loss as a result of
9labor or service provided.
10(5) Invests in facilities for work.
11(6) Directs the order or sequence in which the work is
12completed.
13(7) Determines the hours when the work is completed.
14b. Independent contractor status includes an individual who
15performs services and is not an employee pursuant to section
163508 of the Internal Revenue Code.
179. “Knowingly employ an unauthorized alien” means the
18actions described in 8 U.S.C. §1324a, and shall be interpreted
19consistently with 8 U.S.C. §1324a and any applicable federal
20regulations.
2110. “License” means a permit, certificate, approval,
22registration, charter, or similar form of authorization, other
23than a professional license, that is required by law and that
24is issued by an agency, allowing the licensee to do business
25in this state.
2611. “Unauthorized alien” means an alien who does not have
27the legal right or authorization under federal law to work in
28the United States as described in 8 U.S.C. §1324a(h)(3).
29 Sec. 2. NEW SECTION. 93.2 Knowingly employing unauthorized
30aliens.
311. Knowingly employing unauthorized aliens prohibited. An
32employer shall not knowingly employ an unauthorized alien. If
33an employer uses a contract, subcontract, or other independent
34contractor agreement to obtain the labor of an alien in
35this state, and the employer knowingly contracts with an
-2-1unauthorized alien or with a person who employs or contracts
2with an unauthorized alien to perform the labor, the employer
3violates this subsection.
42. Court action required. An action for a violation of
5subsection 1 shall be brought against the employer by the
6county attorney in the district court of the county where the
7unauthorized alien employee is or was employed by the employer.
8The district court shall expedite the action, including
9scheduling a hearing at the earliest practicable date.
103. Court order — first violation. On a finding of a first
11violation as described in subsection 5, the court shall require
12by order all of the following:
13a. The employer shall terminate the employment of all
14unauthorized aliens.
15b. (1) The employer shall be subject to a three-year
16probationary period for the business location where the
17unauthorized alien performed work.
18(2) During the probationary period, the employer shall file
19quarterly reports on the form prescribed in section 252G.3 with
20the county attorney for each new employee who is hired by the
21employer at the business location where the unauthorized alien
22performed work.
23c. The employer shall be required to file a signed sworn
24affidavit with the county attorney within three business days
25after the order is issued. The affidavit shall state that the
26employer has terminated the employment of all unauthorized
27aliens in this state and that the employer will not knowingly
28employ an unauthorized alien in this state.
29(1) The court shall order the appropriate agencies to
30suspend all licenses that are held by the employer if the
31employer fails to file a signed sworn affidavit with the county
32attorney within three business days after the order is issued.
33All licenses that are suspended shall remain suspended until
34the employer files a signed sworn affidavit with the county
35attorney. Upon filing of the affidavit, the suspended licenses
-3-1shall be reinstated immediately by the appropriate agencies.
2(2) Licenses that are subject to suspension under this
3paragraph “c” are all licenses that are held by the employer
4specific to the business location where the unauthorized alien
5performed work. If the employer does not hold a license
6specific to the business location where the unauthorized alien
7performed work, but a license is necessary to operate the
8employer’s business in general, the licenses that are subject
9to suspension under this paragraph “c” are all licenses that
10are held by the employer at the employer’s primary place of
11business. On receipt of the court’s order, the appropriate
12agencies shall suspend the licenses according to the court’s
13order. The court shall send a copy of the court’s order to the
14secretary of state and the secretary of state shall maintain
15the copy pursuant to subsection 6.
16(3) The court may order the appropriate agencies to suspend
17all licenses described in this paragraph “c” that are held by
18the employer for not more than ten business days. The court
19shall base its decision to suspend under this subparagraph
20on any evidence or information submitted to it during the
21action for a violation of subsection 1 and shall consider the
22following factors, if relevant:
23(a) The number of unauthorized aliens employed by the
24employer.
25(b) Any prior misconduct by the employer.
26(c) The degree of harm resulting from the violation.
27(d) Whether the employer made good faith efforts to comply
28with any applicable requirements.
29(e) The duration of the violation.
30(f) The role of the directors, officers, or principals of
31the employer in the violation.
32(g) Any other factors the court deems appropriate.
334. Court order — second violation. For a second violation,
34as described in subsection 5, the court shall order the
35appropriate agencies to permanently revoke all licenses that
-4-1are held by the employer specific to the business location
2where the unauthorized alien performed work. If the employer
3does not hold a license specific to the business location
4where the unauthorized alien performed work, but a license
5is necessary to operate the employer’s business in general,
6the court shall order the appropriate agencies to permanently
7revoke all licenses that are held by the employer at the
8employer’s primary place of business. On receipt of the order,
9the appropriate agencies shall immediately revoke the licenses.
105. Violations defined.
11a. A violation shall be considered a first violation by
12an employer at a business location if the violation did not
13occur during a probationary period ordered by the court under
14subsection 3, paragraph “b”, for that employer’s business
15location.
16b. A violation shall be considered a second violation by
17an employer at a business location if the violation occurred
18during a probationary period ordered by the court under
19subsection 3, paragraph “b”, for that employer’s business
20location.
216. Secretary of state database. The secretary of state
22shall maintain copies of court orders that are received
23pursuant to subsection 3, paragraph “c”, and shall maintain a
24database of the employers and business locations found to have
25committed a first violation of subsection 1 and make the court
26orders available on the secretary of state’s internet site.
277. Federal determination creates rebuttable presumption. In
28determining whether an employee is an unauthorized alien, the
29court shall consider the federal government’s determination
30of the immigration status of the employee pursuant to 8
31U.S.C. §1373(c). The court may take judicial notice of the
32federal government’s determination. The federal government’s
33determination that the employee is an unauthorized alien
34creates a rebuttable presumption of the employee’s unauthorized
35status. The employer may present evidence that the employee
-5-1is not an unauthorized alien.
28. Good-faith compliance. For the purposes of this section,
3an employer that establishes that it has complied in good
4faith with the requirements of 8 U.S.C. §1324a(b) establishes
5a conclusive affirmative defense that the employer did not
6knowingly employ an unauthorized alien. An employer is
7considered to have complied with the requirements of 8 U.S.C.
8§1324a(b), notwithstanding an isolated, sporadic, or accidental
9technical or procedural failure to meet the requirements, if
10there is a good-faith attempt to comply with the requirements.
119. Entrapment as affirmative defense.
12a. It is an affirmative defense to a violation of subsection
131 that the employer was entrapped. To claim entrapment, the
14employer must admit by the employer’s testimony or other
15evidence the substantial elements of the violation. An
16employer who asserts an entrapment defense has the burden
17of proving all of the following by a preponderance of the
18evidence:
19(1) The idea of committing the violation started with law
20enforcement officers or their agents rather than with the
21employer.
22(2) The law enforcement officers or their agents urged and
23induced the employer to commit the violation.
24(3) The employer was not predisposed to commit the violation
25before the law enforcement officers or their agents urged and
26induced the employer to commit the violation.
27b. An employer does not establish entrapment if the employer
28was predisposed to violate subsection 1 and the law enforcement
29officers or their agents merely provided the employer with an
30opportunity to commit the violation. It is not entrapment for
31law enforcement officers or their agents merely to use a ruse
32or to conceal their identity. The conduct of law enforcement
33officers and their agents may be considered in determining if
34an employer has proven entrapment.
35 Sec. 3. NEW SECTION. 93.3 E-verify program — employer
-6-1participation — economic development incentives from government
2entities.
31. An employer, after hiring an employee, shall verify the
4employment eligibility of the employee through the e-verify
5program and shall keep a record of the verification for the
6duration of the employee’s employment or at least three years,
7whichever is longer.
82. In addition to any other requirement for an employer to
9receive an economic development incentive from a government
10entity, the employer shall register with and participate
11in the e-verify program. Before receiving the economic
12development incentive, the employer shall provide proof to the
13government entity that the employer is registered with and
14is participating in the e-verify program. If the government
15entity determines that the employer is not complying with this
16subsection, the government entity shall notify the employer
17by certified mail of the government entity’s determination
18of noncompliance and the employer’s right to appeal the
19determination. On a final determination of noncompliance,
20the employer shall repay all moneys received as an economic
21development incentive to the government entity within thirty
22days of the final determination.
233. Every three months, the secretary of state shall request
24from the United States department of homeland security a
25list of employers from this state that are registered with
26the e-verify program. On receipt of the list of employers,
27the secretary of state shall make the list available on the
28secretary of state’s internet site.
29 Sec. 4. NEW SECTION. 93.4 Compliance with federal and state
30law.
31This chapter shall not be construed to require an employer to
32take any action that the employer believes in good faith would
33violate federal or state law.
34 Sec. 5. IMPLEMENTATION OF ACT. Section 25B.2, subsection
353, shall not apply to this Act.
-7-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill prohibits employers from knowingly employing
5unauthorized aliens.
6The bill defines “employer” as a person that transacts
7business in this state, that has a license issued by an agency
8in this state, and that employs 25 or more full-time employees
9in this state. “Employer” includes this state, a political
10subdivision of this state, and a self-employed individual.
11In the case of an independent contractor, “employer” means
12the independent contractor and does not mean the person or
13organization that uses the contract labor.
14The bill requires the county attorney to bring an action
15in district court against an employer for a violation in the
16county where the unauthorized alien employee is or was employed
17by the employer. The bill provides that such an action must be
18expedited by the court.
19The bill provides that for a first violation, the court
20must order the employer to terminate the employment of all
21unauthorized aliens and to submit a signed sworn affidavit
22to that effect or face suspension of business licenses by
23appropriate agencies. The court must also order a three-year
24probationary period for the employer. The court may also
25order the suspension of the employer’s business licenses
26by appropriate agencies for up to 10 business days, after
27considering certain factors. The bill provides that for a
28second violation, defined as a violation occurring during a
29probationary period for a previous violation, the court must
30order the permanent revocation of the employer’s business
31licenses. The bill directs the secretary of state to maintain
32an online database of first-time offenders.
33In determining the immigration status of an alleged
34unauthorized alien employed by an employer, the bill requires
35the district court to consider the federal government’s
-8-1determination of the immigration status of the employee. The
2federal government’s determination that the employee is an
3unauthorized alien creates a rebuttable presumption of the
4employee’s unauthorized status. The employer may present
5evidence that the employee is not an unauthorized alien.
6The bill provides that an employer who establishes that
7the employer complied in good faith with 8 U.S.C. §1324a(b)
8establishes a conclusive affirmative defense that the employer
9did not knowingly employ an unauthorized alien. The bill
10provides that an employer is considered to have complied with
11the requirements of 8 U.S.C. §1324a(b), notwithstanding an
12isolated, sporadic, or accidental technical or procedural
13failure to meet the requirements, if there is a good-faith
14attempt to comply with the requirements. The bill provides an
15employer with an affirmative defense of entrapment if certain
16elements are met.
17The bill requires an employer hiring a new employee to
18verify the employee’s employment eligibility through the
19federal e-verify program. The bill requires the employer
20to keep records of the verification for the duration of the
21employee’s employment or three years, whichever is longer. The
22bill requires an employer receiving an economic development
23incentive from a state government entity to register with the
24federal e-verify program. The bill provides that an employer
25who does not comply with the requirement must repay all moneys
26received for the economic development incentive. The bill
27provides an employer the right to appeal a determination of
28noncompliance, and does not require repayment until a final
29determination of noncompliance is made. The bill directs the
30secretary of state to request from the United States department
31of homeland security a list of employers registered with the
32e-verify program every three months. The bill directs the
33secretary of state to make the list available on the secretary
34of state’s internet site.
35The bill provides that the bill shall not be construed
-9-1to require an employer to take any action that the employer
2believes in good faith would violate federal or state law.
3The bill may include a state mandate as defined in Code
4section 25B.3. The bill makes inapplicable Code section 25B.2,
5subsection 3, which would relieve a political subdivision from
6complying with a state mandate if funding for the cost of
7the state mandate is not provided or specified. Therefore,
8political subdivisions are required to comply with any state
9mandate included in the bill.
-10-je/rj
2providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 93.1 Definitions.
2As used in this chapter, unless the context otherwise
3requires:
41. “Agency” means an agency, department, board, or
5commission of this state or a political subdivision that issues
6a license for purposes of operating a business in this state.
72. “Economic development incentive” means a grant, loan, or
8performance-based incentive awarded by a government entity of
9this state. “Economic development incentive” does not include a
10tax credit or tax incentive program.
113. “Employ” means hiring or continuing to employ an
12individual to perform services.
134. “Employee” means an individual who provides services
14or labor for an employer in this state for wages or other
15remuneration. “Employee” does not include an independent
16contractor.
175. “Employer” means a person, as defined in section 4.1,
18that transacts business in this state, that has a license
19issued by an agency in this state, and that employs twenty-five
20or more full-time employees in this state. “Employer” includes
21this state, a political subdivision of this state, and a
22self-employed individual. In the case of an independent
23contractor, “employer” means the independent contractor and
24does not mean the person or organization that uses the contract
25labor.
266. “E-verify program” means the employment verification
27program as jointly administered by the United States department
28of homeland security and the United States social security
29administration or any successor program.
307. “Government entity” means this state or a political
31subdivision of this state that receives and uses tax revenues.
328. a. “Independent contractor” means a person that carries
33on an independent business, that contracts to do a piece of
34work according to the person’s own means and methods and that
35is subject to control only as to results. Whether a person is
-1-1an independent contractor is determined on a case-by-case basis
2through various factors, including whether the person does any
3of the following:
4(1) Supplies tools or materials.
5(2) Makes services available to the general public.
6(3) Works or may work for a number of clients at the same
7time.
8(4) Has an opportunity for profit or loss as a result of
9labor or service provided.
10(5) Invests in facilities for work.
11(6) Directs the order or sequence in which the work is
12completed.
13(7) Determines the hours when the work is completed.
14b. Independent contractor status includes an individual who
15performs services and is not an employee pursuant to section
163508 of the Internal Revenue Code.
179. “Knowingly employ an unauthorized alien” means the
18actions described in 8 U.S.C. §1324a, and shall be interpreted
19consistently with 8 U.S.C. §1324a and any applicable federal
20regulations.
2110. “License” means a permit, certificate, approval,
22registration, charter, or similar form of authorization, other
23than a professional license, that is required by law and that
24is issued by an agency, allowing the licensee to do business
25in this state.
2611. “Unauthorized alien” means an alien who does not have
27the legal right or authorization under federal law to work in
28the United States as described in 8 U.S.C. §1324a(h)(3).
29 Sec. 2. NEW SECTION. 93.2 Knowingly employing unauthorized
30aliens.
311. Knowingly employing unauthorized aliens prohibited. An
32employer shall not knowingly employ an unauthorized alien. If
33an employer uses a contract, subcontract, or other independent
34contractor agreement to obtain the labor of an alien in
35this state, and the employer knowingly contracts with an
-2-1unauthorized alien or with a person who employs or contracts
2with an unauthorized alien to perform the labor, the employer
3violates this subsection.
42. Court action required. An action for a violation of
5subsection 1 shall be brought against the employer by the
6county attorney in the district court of the county where the
7unauthorized alien employee is or was employed by the employer.
8The district court shall expedite the action, including
9scheduling a hearing at the earliest practicable date.
103. Court order — first violation. On a finding of a first
11violation as described in subsection 5, the court shall require
12by order all of the following:
13a. The employer shall terminate the employment of all
14unauthorized aliens.
15b. (1) The employer shall be subject to a three-year
16probationary period for the business location where the
17unauthorized alien performed work.
18(2) During the probationary period, the employer shall file
19quarterly reports on the form prescribed in section 252G.3 with
20the county attorney for each new employee who is hired by the
21employer at the business location where the unauthorized alien
22performed work.
23c. The employer shall be required to file a signed sworn
24affidavit with the county attorney within three business days
25after the order is issued. The affidavit shall state that the
26employer has terminated the employment of all unauthorized
27aliens in this state and that the employer will not knowingly
28employ an unauthorized alien in this state.
29(1) The court shall order the appropriate agencies to
30suspend all licenses that are held by the employer if the
31employer fails to file a signed sworn affidavit with the county
32attorney within three business days after the order is issued.
33All licenses that are suspended shall remain suspended until
34the employer files a signed sworn affidavit with the county
35attorney. Upon filing of the affidavit, the suspended licenses
-3-1shall be reinstated immediately by the appropriate agencies.
2(2) Licenses that are subject to suspension under this
3paragraph “c” are all licenses that are held by the employer
4specific to the business location where the unauthorized alien
5performed work. If the employer does not hold a license
6specific to the business location where the unauthorized alien
7performed work, but a license is necessary to operate the
8employer’s business in general, the licenses that are subject
9to suspension under this paragraph “c” are all licenses that
10are held by the employer at the employer’s primary place of
11business. On receipt of the court’s order, the appropriate
12agencies shall suspend the licenses according to the court’s
13order. The court shall send a copy of the court’s order to the
14secretary of state and the secretary of state shall maintain
15the copy pursuant to subsection 6.
16(3) The court may order the appropriate agencies to suspend
17all licenses described in this paragraph “c” that are held by
18the employer for not more than ten business days. The court
19shall base its decision to suspend under this subparagraph
20on any evidence or information submitted to it during the
21action for a violation of subsection 1 and shall consider the
22following factors, if relevant:
23(a) The number of unauthorized aliens employed by the
24employer.
25(b) Any prior misconduct by the employer.
26(c) The degree of harm resulting from the violation.
27(d) Whether the employer made good faith efforts to comply
28with any applicable requirements.
29(e) The duration of the violation.
30(f) The role of the directors, officers, or principals of
31the employer in the violation.
32(g) Any other factors the court deems appropriate.
334. Court order — second violation. For a second violation,
34as described in subsection 5, the court shall order the
35appropriate agencies to permanently revoke all licenses that
-4-1are held by the employer specific to the business location
2where the unauthorized alien performed work. If the employer
3does not hold a license specific to the business location
4where the unauthorized alien performed work, but a license
5is necessary to operate the employer’s business in general,
6the court shall order the appropriate agencies to permanently
7revoke all licenses that are held by the employer at the
8employer’s primary place of business. On receipt of the order,
9the appropriate agencies shall immediately revoke the licenses.
105. Violations defined.
11a. A violation shall be considered a first violation by
12an employer at a business location if the violation did not
13occur during a probationary period ordered by the court under
14subsection 3, paragraph “b”, for that employer’s business
15location.
16b. A violation shall be considered a second violation by
17an employer at a business location if the violation occurred
18during a probationary period ordered by the court under
19subsection 3, paragraph “b”, for that employer’s business
20location.
216. Secretary of state database. The secretary of state
22shall maintain copies of court orders that are received
23pursuant to subsection 3, paragraph “c”, and shall maintain a
24database of the employers and business locations found to have
25committed a first violation of subsection 1 and make the court
26orders available on the secretary of state’s internet site.
277. Federal determination creates rebuttable presumption. In
28determining whether an employee is an unauthorized alien, the
29court shall consider the federal government’s determination
30of the immigration status of the employee pursuant to 8
31U.S.C. §1373(c). The court may take judicial notice of the
32federal government’s determination. The federal government’s
33determination that the employee is an unauthorized alien
34creates a rebuttable presumption of the employee’s unauthorized
35status. The employer may present evidence that the employee
-5-1is not an unauthorized alien.
28. Good-faith compliance. For the purposes of this section,
3an employer that establishes that it has complied in good
4faith with the requirements of 8 U.S.C. §1324a(b) establishes
5a conclusive affirmative defense that the employer did not
6knowingly employ an unauthorized alien. An employer is
7considered to have complied with the requirements of 8 U.S.C.
8§1324a(b), notwithstanding an isolated, sporadic, or accidental
9technical or procedural failure to meet the requirements, if
10there is a good-faith attempt to comply with the requirements.
119. Entrapment as affirmative defense.
12a. It is an affirmative defense to a violation of subsection
131 that the employer was entrapped. To claim entrapment, the
14employer must admit by the employer’s testimony or other
15evidence the substantial elements of the violation. An
16employer who asserts an entrapment defense has the burden
17of proving all of the following by a preponderance of the
18evidence:
19(1) The idea of committing the violation started with law
20enforcement officers or their agents rather than with the
21employer.
22(2) The law enforcement officers or their agents urged and
23induced the employer to commit the violation.
24(3) The employer was not predisposed to commit the violation
25before the law enforcement officers or their agents urged and
26induced the employer to commit the violation.
27b. An employer does not establish entrapment if the employer
28was predisposed to violate subsection 1 and the law enforcement
29officers or their agents merely provided the employer with an
30opportunity to commit the violation. It is not entrapment for
31law enforcement officers or their agents merely to use a ruse
32or to conceal their identity. The conduct of law enforcement
33officers and their agents may be considered in determining if
34an employer has proven entrapment.
35 Sec. 3. NEW SECTION. 93.3 E-verify program — employer
-6-1participation — economic development incentives from government
2entities.
31. An employer, after hiring an employee, shall verify the
4employment eligibility of the employee through the e-verify
5program and shall keep a record of the verification for the
6duration of the employee’s employment or at least three years,
7whichever is longer.
82. In addition to any other requirement for an employer to
9receive an economic development incentive from a government
10entity, the employer shall register with and participate
11in the e-verify program. Before receiving the economic
12development incentive, the employer shall provide proof to the
13government entity that the employer is registered with and
14is participating in the e-verify program. If the government
15entity determines that the employer is not complying with this
16subsection, the government entity shall notify the employer
17by certified mail of the government entity’s determination
18of noncompliance and the employer’s right to appeal the
19determination. On a final determination of noncompliance,
20the employer shall repay all moneys received as an economic
21development incentive to the government entity within thirty
22days of the final determination.
233. Every three months, the secretary of state shall request
24from the United States department of homeland security a
25list of employers from this state that are registered with
26the e-verify program. On receipt of the list of employers,
27the secretary of state shall make the list available on the
28secretary of state’s internet site.
29 Sec. 4. NEW SECTION. 93.4 Compliance with federal and state
30law.
31This chapter shall not be construed to require an employer to
32take any action that the employer believes in good faith would
33violate federal or state law.
34 Sec. 5. IMPLEMENTATION OF ACT. Section 25B.2, subsection
353, shall not apply to this Act.
-7-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4This bill prohibits employers from knowingly employing
5unauthorized aliens.
6The bill defines “employer” as a person that transacts
7business in this state, that has a license issued by an agency
8in this state, and that employs 25 or more full-time employees
9in this state. “Employer” includes this state, a political
10subdivision of this state, and a self-employed individual.
11In the case of an independent contractor, “employer” means
12the independent contractor and does not mean the person or
13organization that uses the contract labor.
14The bill requires the county attorney to bring an action
15in district court against an employer for a violation in the
16county where the unauthorized alien employee is or was employed
17by the employer. The bill provides that such an action must be
18expedited by the court.
19The bill provides that for a first violation, the court
20must order the employer to terminate the employment of all
21unauthorized aliens and to submit a signed sworn affidavit
22to that effect or face suspension of business licenses by
23appropriate agencies. The court must also order a three-year
24probationary period for the employer. The court may also
25order the suspension of the employer’s business licenses
26by appropriate agencies for up to 10 business days, after
27considering certain factors. The bill provides that for a
28second violation, defined as a violation occurring during a
29probationary period for a previous violation, the court must
30order the permanent revocation of the employer’s business
31licenses. The bill directs the secretary of state to maintain
32an online database of first-time offenders.
33In determining the immigration status of an alleged
34unauthorized alien employed by an employer, the bill requires
35the district court to consider the federal government’s
-8-1determination of the immigration status of the employee. The
2federal government’s determination that the employee is an
3unauthorized alien creates a rebuttable presumption of the
4employee’s unauthorized status. The employer may present
5evidence that the employee is not an unauthorized alien.
6The bill provides that an employer who establishes that
7the employer complied in good faith with 8 U.S.C. §1324a(b)
8establishes a conclusive affirmative defense that the employer
9did not knowingly employ an unauthorized alien. The bill
10provides that an employer is considered to have complied with
11the requirements of 8 U.S.C. §1324a(b), notwithstanding an
12isolated, sporadic, or accidental technical or procedural
13failure to meet the requirements, if there is a good-faith
14attempt to comply with the requirements. The bill provides an
15employer with an affirmative defense of entrapment if certain
16elements are met.
17The bill requires an employer hiring a new employee to
18verify the employee’s employment eligibility through the
19federal e-verify program. The bill requires the employer
20to keep records of the verification for the duration of the
21employee’s employment or three years, whichever is longer. The
22bill requires an employer receiving an economic development
23incentive from a state government entity to register with the
24federal e-verify program. The bill provides that an employer
25who does not comply with the requirement must repay all moneys
26received for the economic development incentive. The bill
27provides an employer the right to appeal a determination of
28noncompliance, and does not require repayment until a final
29determination of noncompliance is made. The bill directs the
30secretary of state to request from the United States department
31of homeland security a list of employers registered with the
32e-verify program every three months. The bill directs the
33secretary of state to make the list available on the secretary
34of state’s internet site.
35The bill provides that the bill shall not be construed
-9-1to require an employer to take any action that the employer
2believes in good faith would violate federal or state law.
3The bill may include a state mandate as defined in Code
4section 25B.3. The bill makes inapplicable Code section 25B.2,
5subsection 3, which would relieve a political subdivision from
6complying with a state mandate if funding for the cost of
7the state mandate is not provided or specified. Therefore,
8political subdivisions are required to comply with any state
9mandate included in the bill.
-10-je/rj