Immigration Update and E-Verify Demo Sam 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 (A) – Definitions section (A) – Requires participation in the federal work authorization program (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 drivers license or identification card; are eligible to obtain a SC drivers license or identification card; or Possess a valid drivers license or identification card from another state where license requirements are as strict as SCs

Public Employment Components of the Act (All Public Employers) (C) – Public employers and contractors may not divide the work into separate contracts to get around statute (D) – Contractors must comply: January 1, 2009, if have 500+ employees July 1, 2009, if have employees January 1, 2010, for all other contractors

Public Employment Components of the Act (cont.) (E) – Requires private employers to comply with Chapter 8, Title – Provides exclusive procurement remedy for violations of the procurement code – Public employer is in compliance if a written statement is obtained from the contractor certifying the contractor meets the provisions of (B)

Public Employment Components of the Act (cont.) – A contractor or public employer who makes a good faith effort to comply will not be subject to civil or administrative action – Makes it a felony if a person knowingly files a false, fictitious or fraudulent document – 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) – 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 – 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 DOTs 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 drivers 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 Generals 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 Hill Department 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, 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 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-ins for each session

Questions