June 2009 E-Alert
Missouri Attorney General Issues
Regulations
Regarding Immigration Verification
Recently, The Lowenbaum
Partnership issued several E-Alerts
describing Missouri’s new
prohibitions on employment of
illegal aliens as well as federal
initiatives concerning use of
“E-Verify” and the new Form I-9.
This month, Missouri ’s Attorney
General issued regulations
clarifying duties imposed on
employers bidding on government
contracts valued at more than
$5,000. As we reported in August,
2008, employers who bid on service
contracts with the State (or any
agency or any Missouri political
subdivision), or who apply for a
state-administered or subsidized tax
credit, tax abatement, or state
loan, must submit an affidavit
certifying that: (1) the firm uses
“E-Verify” (or an equivalent
approved by Homeland Security) to
verify employability of post-January
1, 2009 new hires; and (2) it does
not knowingly employ unauthorized
aliens.
The regulations clarify several
key points of the legislation.
First, use of “E-Verify” is
not required for employers
who only have pre-January 1, 2009
contracts. Only employers who renew
or bid on new contracts after
January 1, 2009 must use, and
certify use of, “E-Verify.” Second,
use of “E-Verify” is not required
(or permitted) for existing,
pre-January 1, 2009 employees.
Third, employers who have contracts
only for the provision
of goods and products are exempt. Of
course, the bid and proposal of
political subdivisions for service
contracts should include these
requirements.
The certification requirement
actually became effective January 1,
2009. These clarifying rules become
effective 30 days after publication
in the Code of State Regulations,
and The Lowenbaum Partnership will
issue another E-Alert when this
occurs.
If you have questions, please do
not hesitate to contact one of the
attorneys at the Lowenbaum
Partnership
This E-Alert is intended as in
informal summary of certain recent
legislation, cases, rulings and
other developments. This E-Alert
does not constitute legal advice or
a legal opinion and is not an
adequate substitute for advice of
counsel. This E-Alert is not
intended to nor does it create an
attorney-client relationship. The
choice of a lawyer is an important
decision and should not be based
solely upon advertisements. If this
E-Alert is deemed to be an
advertisement please disregard this
solicitation if you have already
engaged a lawyer in connection with
the legal matter referred to in this
solicitation. You may wish to
consult your lawyer or another
lawyer instead of us. The exact
nature of your legal situation will
depend on many facts not known to us
at this time. You should understand
that the advice and information in
this solicitation is general and
that your own situation may vary.
This statement is required by rule
of the Supreme Court of Missouri.
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