Bills › 89th General Assembly
Relating to the employment of unauthorized aliens and providing penalties
Topics:Courts & civil lawJobs & workersImmigration
Same legislation: SF 339
Where it is now
- Done: IntroducedJanuary 14, 2021
- Done: SubcommitteeJanuary 20, 2021
- Done: Senate committeeFebruary 11, 2021
- Skipped: Passes the SenateContinued as SF 339
- Next: House committee
- Next: Passes the House
- Next: To the Governor
- Next: Signed into law
Became SF 339 → Its progress continues under the new number. Go to SF 339 What’s a funnel?
What’s in it
AI summary Employers in Iowa would be prohibited from knowingly hiring people who do not have the legal right to work in the United States. To follow this law, businesses must use the federal E-Verify program to check a person's eligibility and keep those records. If an employer breaks this rule, they could face penalties like losing their business license or being required to fire certain employees.1
Read the official explanation
This bill prohibits employers from knowingly employing unauthorized aliens. “Employer” is defined as the same as provided in Code chapter relating to unemployment insurance. §1324a(h)(3). 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. 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. 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. 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. The bill prohibits the department of workforce development from utilizing federal funds, or personnel or any other department resources for which federal funding is allocated, to carry out the department’s duties under the bill.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. mandate included in the bill.
Senate subcommittee
Named January 20, 2021. On January 25, 2021 it recommended passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
AI summary This bill prohibits licensed employers from knowingly employing unauthorized aliens and requires them to use the federal E-Verify program. The Iowa Department of Workforce Development is estimated to cost $656,000 in fiscal year 2022 and $687,000 in subsequent years from its General Fund. The Secretary of State will use an estimated $25,000 from its Technology Modernization Fund in fiscal year 2022 and approximately $500 from its annual General Fund starting in fiscal year 2023. The Iowa Judicial Branch will incur estimated expenses of $75,000 per year, with an estimated $15,000 in filing fees and court costs returning to the General Fund and other funds each year.3
Read the fiscal note
Description
Senate File 339 prohibits licensed employers from knowingly employing unauthorized aliens and authorizes a county attorney, local law enforcement official, or member of the public to file a complaint of a violation with the Iowa Department of Workforce Development (IWD). If the IWD determines that an employer has committed a violation, the IWD is required to bring an action in district court against the employer for the violation in the county where the unauthorized alien employee is or was employed by the employer. The Bill requires licensed employers hiring or rehiring an employee to verify the employee’s employment eligibility through the federal E-Verify Program and certify to the IWD that the employer has done so. The Bill further requires the IWD to adopt administrative rules to carry out the IWD’s duties under the Bill. The Bill also requires the Secretary of State to maintain an online database of employers registered with the federal E-Verify Program, first-time employer offenders, and related court documents.
Background
The federal Immigration Reform and Control Act of 1986 (IRCA) (8 USC §1324a) made it illegal for employers to knowingly hire immigrants who are unauthorized to work in the United States. The IRCA established an employment verification process (the Form I-9 process) that required employers to review documents presented by new employees to establish their identity and employment eligibility. The IRCA provides for penalties or sanctions against employers that knowingly violate the law. Employers are required to certify that they have reviewed the documents presented by their employees and that the documents reasonably appear genuine and relate to the individual presenting them. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 created E-Verify as a pilot program. The program has since been expanded. Employers participating in E-Verify are required to retain Form I-9s for all newly hired employees in accordance with the IRCA. Currently, 25 states have some type of E-Verify mandate for businesses and/or governments, while the federal government mandates that all federal contractors utilize E-Verify.
Assumptions
- Enactment of the Bill would require the IWD to incur additional expenses for vehicles, phones, computers, employee support, preparation of rules, development of training materials, training of staff, investigative time, postage, filing fees, service of process fees, witness subpoenas, travel time and expenses, court preparation and appearances, monitoring employers, and following up on court orders. This will result in the IWD adding the following 9.0 full-time equivalent (FTE) positions:
- Public Service Manager 1 1.0 FTE position
- Secretary 1 1.0 FTE position
- Attorney 2 1.0 FTE position
- Investigator 2 4.0 FTE positions
- Field Auditor 2.0 FTE positions
- Salary costs include benefits and are estimated at the entry level of the salary range for each position. Salary costs for FY 2022 assume positions are filled by October 1, 2021.
- The IWD will investigate 500 complaints per year and file 50 court actions, administered through the Iowa Judicial Branch.
- The Secretary of State will develop and maintain a permanent searchable database. The database will be developed in house.
- The Secretary of State will use a link to the federal Department of Human Services E-Verify System for the purposes of new Iowa Code section 95.3(3).
- The Secretary of State will use 0.5 hours of staff time at $20 per hour to manage court documents for each court action.
Fiscal Impact
The Bill will result in increased cost to the IWD of an estimated $656,000 for 9.0 FTE positions in FY 2022 and $687,000 in subsequent years, to be paid from the IWD General Fund appropriation.
The Secretary of State will utilize an estimated $25,000 from its Secretary of State Technology Modernization Fund appropriation in FY 2022 for the creation of a database and approximately $500 from its annual General Fund appropriation, beginning with FY 2023, for the processing of court documents and data entry.
The Iowa Judicial Branch will incur expenses estimated at $75,000 per year to administer complaints that might be filed against an employer by a county attorney, law enforcement officer, or member of the public, with a subsequent determination by the IWD that a violation has occurred. There are offsetting amounts of filing fees and court costs of an estimated $300 per instance made to the General Fund and other funds. See estimated costs in table below.Agency Category FTE FY 2022 FY 2023 Salary and Benefits 0.0 -$ 500$ Database Development 25,000 - Trial Costs 75,000$ 75,000$ Court Fees and Filing Fees -15,000 -15,000 Salary and Benefits 9.0 453,444$ 617,289$ Capital Outlay 150,000 - Travel 15,000 20,000 Fees and Postage 15,000 20,000 Other Operating Costs 22,500 30,000 Total 9.0 740,944$ 747,789$ Est. Cost Estimated Costs, Senate File 339
Iowa Workforce
Development (IWD)
Secretary of State
Judicial Branch
Sources
- Legislative Services Agency
- Iowa Department of Workforce Development
- Iowa Secretary of State
- Iowa Judicial Branch
- General Accounting Office (GAO)
- Employment of Unauthorized Aliens, E-Verify · February 17, 2021 · $687,000
Iowa Code it changes
Lobbying
2 for · 29 against · 18 undecided · Who →
Family tree
89th General Assembly
Picked up later
Earlier and later bills are matched by wording or an identical title.
Tried before
This idea has been filed in an earlier General Assembly. None became law, though one got through a chamber.
- SF 243 Relating to the employment of unauthorized aliens and providing penalties88th General Assembly · Renumbered as SF 516 · same titleCleared committee
- SF 516 Relating to the employment of unauthorized aliens and providing penalties88th General Assembly · Passed Senate · very similarPassed a chamber
Similar bills this General Assembly
- HSB 105 HSB 10590th General Assembly · Subcommittee recommends passageNearly identical
Matched by wording or an identical title.