Immigration Laws in Missouri

On July 7, 2008, Governor Matt Blunt signed a comprehensive immigration bill that implements new restrictions on illegal immigrants
and imposes new requirements on government officials and businesses. In addition to the provisions discussed in more detail below,
the legislation requires law enforcement agencies to verify the legal status of arrested persons, establishes penalties for those who assist
illegal aliens in obtaining driver’s licenses and prohibits local governments from creating sanctuaries for persons who are in the United
States illegally. Most of the provisions of the new law concerning businesses will take effect January 1, 2009.
Four principal provisions of the legislation that may affect a business are related to the following topics:
• Use of a federal electronic employment eligibility verification program, known as “E-Verify”
• Agreements between general (or sub-) contractors and direct subcontractors regarding the employment of illegal immigrants
• Proper classification of workers: Are they employees or independent contractors?
• Transporting illegal immigrants for employment purposes
Electronic Verification of Employment Authorization Mandatory for Some Employers
The law makes clear that business entities and employers are prohibited from knowingly employing, hiring, or continuing to employ
illegal immigrants to perform work in Missouri.
Under the new law, all Missouri public employers must use E-Verify, a federal employment eligibility verification program that
searches records from the Social Security Administration and the U.S. Department of Homeland Security. In addition, as a condition
for the award of a state (or political subdivision) contract or grant in excess of $5,000, or to qualify for a state-administered tax credit,
tax abatement, or loan from the state, business entities must use E-Verify for employees working in connection with the contracted
services.
Private employers do not have to use E-Verify, but they may want to consider doing so, because, under the new law, participation in
the program is an affirmative defense to an allegation that a business entity knowingly employs an illegal immigrant.
The Attorney General’s Office is charged with enforcing these provisions, and, to that end, may bring a civil action if it reasonably
believes a business entity knowingly employed an illegal immigrant.
Penalties include suspension of business permit, license or exemption of the business for 14 days (for first violations), for one year
(for second violations) or permanently (three or more violations). In addition, an employer will be expected to correct the violations
by either terminating the unauthorized employee or requesting secondary verification through E-Verify, and submit a sworn affidavit
explaining how the violations were corrected and documentation proving that the employer has enrolled in E-Verify.
In addition to the above penalties, state contractors and entities receiving tax abatements, etc. that knowingly employ an unauthorized
immigrant will be deemed in breach of contract, and the state may terminate the contract or suspend or debar the entity from doing
business with the state for a period of three years (for first violations) or permanently (for two or more violations). In addition, the
state may withhold up to 25 percent of the total amount due to the business entity upon termination of the contract.
A business entity that terminates an employee in accordance with the new law will not be liable for any claims regarding the termination
brought under the Missouri Human Rights Act.