HB 2151 -- Missouri Immigration Act

Sponsor:  Guest

This bill establishes the Missouri Immigration Act.  In its main
provisions, the bill:

(1)  Creates the crime of being a noncitizen illegally present in
Missouri, a class D felony;

(2)  Authorizes the Attorney General to enter into cooperative
agreements with other states for the transportation of illegal
aliens through the state for the purpose of delivering them to
the United States Department of Homeland Security at a federal
border and authorizes multijurisdictional enforcement groups in
Missouri to train volunteers to do the transporting;

(3)  Requires the Department of Labor and Industrial Relations,
beginning January 1, 2009, to accept applications for photo
identification cards from noncitizens for the purpose of seeking
employment.  The department must verify through the United States
Department of Homeland Security whether the applicant is legally
present in the United States before it can issue a photo card.
Beginning July 1, 2009, employers are prohibited from hiring
noncitizens without a photo card issued by the department.  The
department must maintain a web site with photo card search
capability by name for employers so that they can compare the
picture on the web site with the picture on a photo card
presented by the applicant for employment.  Any person or
business entity who violates these provisions will be guilty of a
class D felony;

(4)  Establishes the Guest Worker Program which requires all
immigrant employees in the state, whether legal or illegal, to
apply to the Department of Labor and Industrial Relations for a
photo card between January 1, 2009, and July 1, 2009, for the
purpose of maintaining employment.  The employer will pay any
costs associated with filing and processing the application.
Illegal immigrant employees must obtain employer sponsorship to
remain employed in the state or be deported.  The department must
verify through the United States Department of Homeland Security
whether the applicant is legally present in the United States and
if the applicant has any criminal convictions;

(5)  Specifies that applicants without criminal convictions will
be issued a photo card specifying whether or not the applicant is
legally present in the United States.  Applicants with criminal
convictions will be denied a photo card, and the Department of
Labor and Industrial Relations must notify the employer of the
denial.  The employer will have three days to either terminate
the employee or apply for sponsorship through the Guest Worker
Program.  Applicants with criminal convictions not relating to
their immigration status will not be eligible for employer
sponsorship and will not be allowed to remain in the state;

(6)  Requires an employer to check with the Department of Labor
and Industrial Relations to determine if the employee has applied
for a photo card if an immigrant employee has not presented a
valid photo card to an employer by July 1, 2009.  If the employee
has not applied for a photo card, the employer must terminate the
employee within three days;

(7)  Requires, beginning January 1, 2009, employers with
immigrant employees to post a specific notice of the requirements
and deadlines of the Guest Worker Program in an area accessible
to all employees; and

(8)  Specifies that any employee or employer who violates the
provisions of the Guest Worker Program will be guilty of a class
D felony.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:11 pm