August 2008 E-Alert
Missouri Enacts Law to Crack Down on Illegal Immigrants
Impacting Public and Private Employers

Effective January 1, 2009 public and private employers in Missouri must begin complying with the Illegal Alien and Immigration Status Verification. The law contains a number of provisions designed to encourage greater compliance with the federal immigration laws.

Public Employers in Missouri: The law contains a number of provisions affecting state and local governments, including a prohibition on sanctuary cities, a prohibition on the receipt of public benefits and drivers licenses by unlawful immigrants, increased cooperation between state and local law enforcement and federal immigration authorities, and verification of immigration status upon arrest. Public employers must also participate in the federal E-Verify program and are subject to financial and other penalties for employing illegal aliens.

Private Employers: The law requires private employers in Missouri to comply with the following:  

1. All employers with five or more employees must file federal 1099 forms with the Missouri Department of Revenue, and face penalties of up to $200 per violation for failure to do so.

2. Employers who misclassify employees as independent contractors, are subject to the imposition of penalties up to $50 per day per misclassified worker up to a total of $50,000.

3. Employers holding state contracts in excess of $5,000 are required to participate in the federal E-Verify work authorization program, and are subject to financial and other penalties for employing unlawful aliens.

4. Voluntary participation in the E-verify program, for those employers not required to participate, is an affirmative defense to an allegation that the employer knowingly employed an illegal alien.

5. In the event of an investigation by the Missouri Attorney General, an employer must provide requested records or be subject to suspension of local licenses, permits and exemptions. In addition, if an employer is found to have knowingly employed an illegal alien, the employer’s local licenses, permits and exemptions may be suspended and in the event of a third violation, permanent suspension.

If you need assistance developing effective policies and procedures to ensure compliance with the federal and state immigration laws, the lawyers of the Lowenbaum Partnership would be happy to assist you.

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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