How to Ensure Immigration Compliance
The Alabama AGC is preparing a legislative agenda to repeal or make radical changes to Alabama’s immigration law during the 2012 legislative session. In the meantime, however, it is important that our members take steps to remain in compliance with HB 56.
Mac Greaves and the attorneys at Burr and Forman have prepared a brief for all businesses to follow to be in compliance. Following is a brief outline from Mac of what contractors need to do to comply. The entire brief, the act as passed by the legislature and some forms for the sworn affidavit are on in the MEMBERS ONLY section under the Government Relations tab.
For businesses that receive contracts to do work for Alabama state and/or local government, receive state and/or local government incentives, or receive state and/or local grants, here is what must be done to comply with H.B. 56:
- On or after January 1, 2012, the government will not award a contract, grant, or incentive to a business without a sworn affidavit from the business that it will not knowingly hire or employ an unauthorized worker.
- The government also will not award the contract, grant, or incentive without proof that the business is enrolled in E-verify. The State has not expressed what kind of proof it will require, but E-verify does provide account confirmation print-offs and requires you to sign a memorandum agreement before use.
- The prime contractor or grant/incentive recipient should obtain from its subcontractors and suppliers a sworn affidavit that they will not knowingly hire or employ an unauthorized worker. Subcontractors and suppliers must also provide proof to the prime contractor of their enrollment in E-verify.
Failure to comply with these requirements can result in revocation of a contractor’s business license and the termination of the contract. In terms of the prime contractor/subcontractor relationship, the prime is not liable for a sub’s failure to comply if the prime got the affidavits and E-verify proof and did not know that the sub was not complying.
For more information, contact Mac Greaves with Burr and Forman at (205) 458-5172 or by email at mgreaves@burr.com.