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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