Immigration Update and E-Verify DemoSam 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 E-Verify, 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 HillDepartment 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 E-Verify, 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