§ 28-44-67 - Denial of unemployment compensation to illegal aliens. - Rhode Island Statutes

SECTION 28-44-67

   § 28-44-67  Denial of unemploymentcompensation to illegal aliens. – (a) Benefits shall not be payable on the basis of services performed by analien unless the alien is an individual who was lawfully admitted for permanentresidence at the time the services were performed, was lawfully present forpurposes of performing the services, or was permanently residing in the UnitedStates under color of law at the time the services were performed, including analien who was lawfully present in the United States as a result of theapplication of the provisions of 8 U.S.C. § 1182(d)(5).

   (b) Any data or information required of individuals applyingfor benefits to determine whether benefits are not payable to them because oftheir alien status shall be uniformly required from all applicants for benefits.

   (c) In the case of an individual whose application forbenefits would otherwise be approved, no determination that benefits to theindividual are not payable because of his or her alien status shall be madeexcept upon a preponderance of the evidence.

   (2) Any modification to the provisions of 26 U.S.C. §3304(a)(14) as provided by United States public law 94-566 which specify otherconditions or other effective date than stated in this section for the denialof benefits based on services performed by aliens and which modifications arerequired to be implemented under state law as a condition for full tax creditagainst the tax imposed by the federal Unemployment Tax Act, 26 U.S.C. §3301 et seq., shall be deemed applicable under the provisions of this section.