50-1-103 - Employment of illegal aliens. - Tennessee Statutes

50-1-103. Employment of illegal aliens.

(a)  As used in this section, unless the context otherwise requires:

     (1)  “Commissioner” means the commissioner of labor and workforce development;

     (2)  “Department” means the department of labor and workforce development;

     (3)  “Employ” or “employment” means any work engaged in for compensation in money or other valuable consideration and for which a person paying the compensation for the work performed is required to file a W-2 wage and tax statement with the federal internal revenue service;

     (4)  “Illegal alien” means a person who is, at the time of employment, neither an alien who is lawfully admitted for permanent residence in the United States pursuant to the federal Immigration and Naturalization Act, compiled in 8 U.S.C. § 1101 et seq., nor authorized to be employed by the federal Immigration and Naturalization Act or the United States attorney general;

     (5)  “Knowingly” means having actual knowledge that a person is an illegal alien or having a duty imposed by law to determine the immigration status of an illegal alien and failing to perform that duty;

     (6)  “Lawful resident alien” means a person who is entitled to lawful residence in the United States pursuant to the federal Immigration and Naturalization Act;

     (7)  “Lawful resident verification information” means the documentation that is required by the United States department of homeland security when completing the employment eligibility verification form commonly referred to as Form I-9. Documentation that later proves to be falsified, but that at the time of employment satisfies the requirements of Form I-9, is lawful resident verification information;

     (8)  “License” means any certificate, approval, registration or similar form of permission required by law; and

     (9)  “Person” means individual, corporation, partnership, association or any other legal entity.

(b)  A person shall not knowingly employ, recruit or refer for a fee for employment an illegal alien.

(c)  A person has not violated subsection (b) with respect to a particular employee if:

     (1)  The person requested from the employee, received, and documented in the employee record, at least fourteen (14) calendar days after commencement of employment, lawful resident verification information consistent with employer requirements under the Immigration Reform and Control Act of 1986, compiled in 8 U.S.C. § 1101 et seq.; and

     (2)  The lawful resident verification information provided by the person later was determined to be false.

(d)  A person has not violated subsection (b) with respect to a particular employee if the person verified the immigrant status of the person at least fourteen (14) calendar days after commencement of employment by using the federal electronic work authorization verification service provided by the United States department of homeland security pursuant to the federal Basic Pilot Program Extension and Expansion Act of 2003, P.L. 108-156.

(e)  (1)  If any state or local governmental agency, officer, employee or entity has reason to believe that a violation of subsection (b) has occurred, the agency, officer, employee or entity shall file a complaint with the department. Upon receipt of the complaint, the commissioner shall conduct an investigation. If there is substantial evidence that a violation of subsection (b) has occurred, the commissioner shall conduct a contested case hearing pursuant to the Uniform Administrative Procedures Act, complied in title 4, chapter 5, on the question of whether the person has violated subsection (b). If the commissioner or the commissioner's designee determines that there is clear and convincing evidence that a person has violated subsection (b) and the violation occurred while the person was acting within the scope of practice of a license issued by the state or pursuant to title 67, chapter 4, the commissioner shall request an order consistent with § 4-5-320, requiring the appropriate regulatory board or local government with respect to business licensure pursuant to title 67, chapter 4, to revoke, suspend, or deny the person's license. The commissioner shall state in the commissioner's findings of fact and conclusions of law whether there have been previous violations of subsection (b).

          (A)  For the first violation of subsection (b), the commissioner shall order that the regulatory board or local government suspend the person's license until the person shows to the satisfaction of the commissioner that the person is no longer in violation of subsection (b). The showing may be made by the person filing a sworn statement with the commissioner stating that the person is no longer employing illegal aliens.

          (B)  For a second or subsequent violation of subsection (b) occurring within three (3) years from the issuance of the commissioner's first order, the commissioner shall order that the regulatory agency or local government suspend the license for one (1) year.

     (2)  Upon receiving a complaint pursuant to this section, consistent with this section, the commissioner or the commissioner's designee shall inform the person against whom the complaint is made that the person may request the name of the person filing the complaint, or if the complaint is filed by an agency or entity, the name of the person who caused the complaint to be filed. If the person requests the name, the commissioner or the commissioner's designee shall provide the name requested.

[Acts 1985, ch. 247, § 1; 1986, ch. 847, §§ 1-3; 1989, ch. 591, § 112; 1999, ch. 520, § 41; 2007, ch. 529, § 1; 2008, ch. 820, § 1.]