Alabama Aliens and Immigration laws & HR compliance analysis

Alabama Aliens and Immigration: What you need to know

The federal Immigration Reform and Control Act of 1986 (IRCA) requires employers to verify the legal status and right to work of all new hires. To satisfy verification requirements, employers should ask all new hires for documents establishing both identity and work authorization.
Please see the Immigration topical analysis for additional discussion.
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All employers in the state of Alabama are required to verify the legal status of their employees (HB 56, codified as Ala. Code Sec. 31-13-10 et seq.).
Employers with fewer than 25 employees may seek assistance from the Alabama E-Verify Employer Agent Office. Employers found in violation of the law may have their business licenses suspended or revoked.
State contractors and subcontractors. Employers with state contracts and subcontracts are also required to enroll in and use E-Verify.
IRCA and all subsequent amendments regulate the employment status of immigrants.
Preemption of state laws. IRCA provisions “preempt any state or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ or recruit or refer for a fee for employment unauthorized” immigrants (8 USC Sec. 1324a(h)(2)).
There is an exception for state laws providing that a license can be revoked if an employer has violated IRCA. A number of state and local governments have passed provisions intended to outlaw or discourage the employment of undocumented immigrants in their jurisdictions.
IRCA’s preemption provision, however, is broadly worded and likely supersedes almost all local attempts to regulate the hiring of undocumented individuals. Note, however, that not all such state and local ...

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