Laws 2007 Chapter 279

Fair and Legal Employment Act (HB 2779)

On January 1, 2008, a new state law prohibits employers from intentionally or knowingly employing an unauthorized alien. An “unauthorized alien” is an alien who does not have the legal right or authorization under federal law to work in the United States .

If a complaint is filed with the County Attorneys or Attorney General an investigation will be conducted. Upon determining that a complaint is not frivolous, a civil action may be instituted. Any judicial proceedings will be governed by the Rules of Civil Procedure.

A judicial determination of a violation of this new state law will subject the employer to probation, and may subject the employer to a suspension or revocation of all licenses as defined in section 23-211, Arizona Revised Statutes depending on the following conditions:

1. For a first violation of an employer knowingly hiring an unauthorized alien, the court shall order mandatory three years probation and may suspend all licenses held by the employer for a maximum of ten days. The employer must file a signed sworn affidavit with the county attorney within three business days, stating that the employer has fired all unauthorized aliens and that the employer will not intentionally or knowingly employ any unauthorized alien.

2. For a first violation of an employer intentionally hiring an unauthorized alien, the court shall order a mandatory five years probation and order the appropriate licensing agencies to suspend all licenses held by the employer for a minimum of ten days. The employer must file a signed sworn affidavit, stating that the employer has fired all unauthorized aliens and that the employer will not intentionally or knowingly employ any unauthorized alien with the county attorney. A license that is suspended will remain suspended until the employer files a signed sworn affidavit.

3. For a second violation of this new state law committed during a period of probation, the court will order the appropriate licensing agencies to permanently revoke all licenses that are held by the employer.

All court orders will be available on the Attorney Generals website at www.azag.gov.

Employment Eligibility Verification (E-Verify)

E-Verify is the new name for the employment eligibility verification formerly known as the Basic Pilot Program. After December 31, 2007, every employer, after hiring an employee, is required to verify the employment eligibility of the new employee through the E-Verify program, as defined in section 23-211, Arizona Revised Statutes, as added by this act. Proof of verifying the employment authorization of an employee through the E-Verify program will create a rebuttable presumption that an employer did not violate the new state law.

How to Enroll

E-Verify is available on the Internet for all U.S. employers seeking to verify the employment eligibility of new hires. Employers using E-Verify must first register online and sign a Memorandum of Understanding (MOU) with the United States Citizenship and Immigration Service (USCIS) and the Social Security Administration (SSA). There is no cost to use E-Verify. To register and complete a MOU for participation in the Employment Eligibility Verification (EEV) go to https://www.vis-dhs.com/EmployerRegistration, and follow the instructions as outlined.

Upon completion and online submittal of the MOU, the employer will receive email confirmation of his or her company’s participation in the E-Verify including a new User ID and temporary password.

You can obtain a copy of the fair and legal employment act (HB 2779; Laws 2007, Chapter 279) at www.azleg.gov.