HB 2179 -- Employment of Unauthorized Aliens

Sponsor:  Wildberger

This bill requires the Attorney General or a prosecuting attorney
to investigate any written complaint alleging that an employer is
employing an unauthorized alien, including checking the work
authorization of the alleged unauthorized alien with the United
States Department of Homeland Security.  After conducting an
investigation, the Attorney General or a prosecuting attorney
may, in any county in which the employer does business, seek
injunctive relief; place the employer on probation; refer its
investigation to the appropriate federal authorities; and/or take
any other action authorized by law.

If a court determines that an employer knowingly hired an
unauthorized alien, the penalty for a first violation will be a
three-year probationary period with notice to any licensing
agency, filing quarterly reports of each new employee who is
hired, and executing an affidavit within three business days of
the court order attesting that the employment of all unauthorized
aliens has been terminated and that the employer will not
knowingly hire an unauthorized alien.  Failure to file the
affidavit on time will result in an injunction against the
employer transacting business in the state until the affidavit is
filed.  The court also may enjoin the employer from transacting
business in the state for up to 15 days, with the duration of the
injunction based on certain specified factors.  If an employer
knowingly hires an unauthorized alien while on probation, the
employer will be enjoined permanently from transacting business
in the state and any agency that has issued a license to the
employer will be notified of the injunction.

Participation in the federal status verification system at the
time the employer hires an alleged unauthorized alien creates a
rebuttable presumption that he or she did not knowingly employ an
unauthorized alien.

An individual who submits a complaint against an employer who is
found to have knowingly hired unauthorized aliens may recover up
to 10% of any moneys recovered by the state for any violation.

Beginning July 1, 2009, the Department of Labor and Industrial
Relations must, after reviewing relevant data, determine which
classification of employers will be required to verify the
immigration status of employees through the status verification
system.

The bill contains an emergency clause.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:12 pm