Bills › 88th General Assembly
Relating to the employment of unauthorized aliens and providing penalties
Sponsored by the Senate Judiciary Committee
Topics:Business & economyJobs & workersPublic safety & emergenciesImmigration
Same legislation: SF 243
Where it is now
- Done: IntroducedFebruary 12, 2019
- Done: SubcommitteeFebruary 13, 2019
- Done: Senate committeeMarch 6, 2019
- Done: Passes the SenateApril 2, 201933–14
- Stopped: House committeeDied when the General Assembly ended
- Next: Passes the House
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
This bill prohibits employers from knowingly employing unauthorized aliens. The bill defines “employer” as a person that transacts business in this state and that has a license issued by an agency in this state. “Employer” includes this state, a political subdivision of this state, and a self-employed individual. In the case of an independent contractor, “employer” means the independent contractor and does not mean the person or organization that uses the contract labor. The bill authorizes a county attorney, local law enforcement official, or member of the public to file a complaint of a violation with the department of workforce development.
Read the full explanation
If the department determines, based on evidence included with the complaint or on evidence gathered by the department, that an employer has committed a violation, the bill requires the department to bring an action in district court against an employer for a violation in the county where the unauthorized alien employee is or was employed by the employer. The bill provides that such an action must be expedited by the court. The bill provides that for a first violation, the court must order the employer to terminate the employment of all unauthorized aliens and to submit a signed sworn affidavit to that effect or face suspension of business licenses by appropriate agencies. The court must also order a three-year probationary period for the employer. The court may also order the suspension of the employer’s business licenses by appropriate agencies for up to business days, after considering certain specified factors. The bill provides that for a second violation, defined as a violation occurring during a probationary period for a previous violation, the court must order the permanent revocation of the employer’s business licenses. The bill directs the secretary of state to maintain an online database of first-time offenders. In determining the immigration status of an alleged unauthorized alien employed by an employer, the bill requires the district court to consider the federal government’s determination of the immigration status of the employee. The federal government’s determination that the employee is an unauthorized alien creates a rebuttable presumption of the employee’s unauthorized status. The employer may present evidence that the employee is not an unauthorized alien. §1324a(b), relating to verification of authorization for employment, establishes a conclusive affirmative defense that the employer did not knowingly employ an unauthorized alien. §1324a(b), notwithstanding an isolated, sporadic, or accidental technical or procedural failure to meet the requirements, if there is a good-faith attempt to comply with the requirements as defined in the bill. The bill provides an employer with an affirmative defense of entrapment if certain elements are met. The bill requires an employer hiring or rehiring an employee to verify the employee’s employment eligibility through the federal e-verify program and certify to the department of workforce development that the employer has done so. The bill requires the employer to keep records of the verification for the duration of the employee’s employment or three years, whichever is longer, and establishes a time period for submission of certifications to the department. The bill requires an employer receiving an economic development incentive from a state government entity to register with the federal e-verify program. The bill provides that an employer who does not comply with the requirement must repay all moneys received for the economic development incentive. The bill provides an employer the right to appeal a determination of noncompliance and does not require repayment until a final determination of noncompliance is made. The bill directs the secretary of state to request from the United States department of homeland security a list of employers registered with the e-verify program every three months. The bill directs the secretary of state to make the list available on the secretary of state’s internet site. The bill provides that the bill shall not be construed to require an employer to take any action that the employer believes in good faith would violate federal or state law. The bill requires the department of workforce development to adopt rules to carry out the department’s duties under the bill, including but not limited to rules on certain specified subjects.3.2, subsection 3, which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill.
Changed since by amendments S-3101, S-3100; see Amendments.
Fiscal note
Cost: up to $13,000 Compare with other bills
0 FTE positions and additional costs in subsequent years, to be paid from the General Fund. The Secretary of State will utilize an estimated $13,000 from their General Fund appropriation in FY 2020 for the creation of a database and approximately $500 from their General Fund appropriation annually beginning with FY 2020 for the processing of court documents and data entry.
- Employment of Unauthorized Aliens, E-Verify · March 18, 2019
Iowa Code it changes
Lobbying
2 for · 19 against · 22 undecided · Who →
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88th General Assembly
Earlier and later bills are matched by wording or an identical title.
Similar bills
- HSB 105 HSB 10590th General Assembly · Subcommittee recommends passageVery similar
- SF 339 Relating to the employment of unauthorized aliens and providing penalties89th General Assembly · Approved by committeeVery similar
Matched by wording or an identical title.