Q: If you are licenced in another state but hire in AZ how does the employer santions law affect you?
A: It is unclear how they will enforce this part of the law. However, as it reads right now, the new sanctions law requires an employer to use E-verify program, which is a federally run program. The E-verify program requires an employer to use this system for ALL employees if it uses it for one. So, the translation is that an employer would have to run all of his/her employees through the E-verify program. Having said that, there are some murmurings from attorneys and those who wrote the law that this was not the intent of the AZ sanctions law, and that the federal government will not require strict adherence to this part of their program for AZ companies. This is only a rumor at this point. Check with your employment attorney for direction on how you should proceed for your business and industry.
“A federal judge said Thursday he may let the state’s new employer sanctions law take effect while he debates its legality.“ This is a piece from an article I found on the East Valley Tribune website.  Â
You can throw out all the advice that the lawyers are giving out to business owners, which is to wait for a ruling on the case. If they are going to enforce the law regardless of what lawsuits are coming forward against it, I wasn’t that far off with a prior post about the rush for businesses to enroll in the E-Verify program. All businesses that want to comply and be safe from the harsh penalties of the new employer’s sanctions law will now be signing up in record numbers.   Have you signed up yet?
I recently had a question regarding… Well, instead of me telling you- here it is:
“I employ a cleaning lady and write a check to her cleaning business. As a private home owner am I required to verify immigration status?”
So what is the answer:
1. Check with your attorney for legal advice
What I “think” about this (this is just my opinion based on my research)
You hire a company to do a job. You are the customer and NOT the employer. The new immigration law applies to and is designed to regulate employment practices. So, don’t worry about it…
Am I wrong to think this way? Am I a part of the problem? If so, do I have the right to inquire about the status of a vendor’s employees?