1 / 20

IMMIGRATION LAW SECTION 9

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.

herbst
Download Presentation

IMMIGRATION LAW SECTION 9

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. IMMIGRATION LAW SECTION 9 CONTRACTING WITH GOVERNMENTAL ENTITIES

  2. BEASON-HAMMON ACT • BEASON-HAMMON ALABAMA TAXPAYER AND CITIZEN PROTECTION ACT • SECTION 9 EFFECTIVE JANUARY 1, 2012 • NOT STAYED BY THE COURTS YET !!!

  3. 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.

  4. 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

  5. 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

  6. AND FURTHER INCLUDES • ANY BUSINESS ENTITY EXEMPT BY LAW FROM OBTAINING BUSINESS LICENSE, AND • ANY BUSINESS ENTITY OPERATING UNLAWFULLY WITHOUT BUSINESS LICENSE

  7. 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.

  8. 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

  9. VIOLATIONS • CONTRACT TERMINATED • DUE PROCESS REQUIRED • AG CAN BRING ACTION • DA CAN GET INVOLVED

  10. FORMS • AFFIDAVIT TO BE SUPPLIED WITH BID OR CONTRACT PROPOSAL BEFORE AWARDING CONTRACT • ROUTING SHEET MUST HAVE AFFIDAVIT AND PROOF OF E-VERIFY ATTACHED

  11. 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

  12. PROCEDURES • ATTACH AFFIDAVIT TO OUTSIDE OF PACKAGE? • REQUIRE AFFIDAVIT BEFORE BID IS REVIEWED? • OUT-OF-STATE CONTRACTORS AND VENDORS? • COMPLIANCE REVIEWS

  13. REFERRING QUESTIONS AND COMPLAINTS • TO WHOM? • WHAT RESPONSE AT DEPT. LEVEL? • WHEN DOES IT REFERRED TO LEGAL?

  14. SHOULD WE CONSIDER • PRESS RELEASE? • PRESS CONFERENCE? • TALK TV AND/OR RADIO SHOWS?

  15. I-9 AUDIT • COMPLIANCE REVIEW • HOMELAND SECURITY AUDITS • SEVERE PENALTIES

  16. COMMON ERRORS • ORIGINAL NOT AVAILABLE • WRONG FORM • WRONG ENTRIES • NO EXPIRATION DATE ON DOCUMENTS • FORM NOT COMPLETED

  17. CORRECTIONS • COMPLIANCE AUDIT • REDO AS NECESSARY • DO I KEEP COPIES OR MAKE COPIES • FORM • SUPPORTING DOCUMENTATION

  18. 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

  19. TRAINING • HAVE ONE OR MORE PERSONS TRAINED IN I-9 AND EVERIFY • KEEP UP WITH FILES • NEW FORM COMING IN AUGUST

  20. CONCLUSION • ENROLL IN EVERIFY • SEND LETTER TO BUSINESSES CONTRACTING WITH AGENCY • MAKE PROCESS OF COMPLIANCE WITHIN CONTRACTING DEPARTMENT • KEEP RECORDS

More Related