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bills to
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and Economic
be introduced
in state
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capitols
across the country.
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Education
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includes
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and efforts to
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safety, and environmental
protections.
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By the Center for
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www.prwatch.org

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work as “equals” in “unison” with politicians
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Public Safety and Elections

{Title, enacting clause, etc.}

Section 1. {Intent.} The provisions of this act are intended to work together to
discourage and deter the unlawful entry and presence of aliens and economic
activity by persons unlawfully present in the United States.

Section 2. {Cooperation and assistance in enforcement of immigration
laws;
indemnification.}

(A) No official or agency of this state or county, city, town, or other political
subdivision of this state may adopt a policy that limits or restricts the
enforcement of federal immigration laws to less than the full extent
permitted by federal law.

(B) For any legitimate contact made by an official or agency of this state or
county, city, town or other political subdivision of this state where
reasonable suspicion exists that the person is an alien who is unlawfully
present in the United States, a reasonable attempt shall be made to
determine the immigration status of the person. The person's immigration
status shall be verified with the federal government pursuant to 8 United
States Code Section 1373 (c).

--in recent past or present

• AT&T Services, Inc.
• centerpoint360
• UPS
• Bayer Corporation
• GlaxoSmithKline
• Energy Future Holdings
• Johnson & Johnson
• Coca-Cola Company
• PhRMA
• Kraft Foods, Inc.
• Coca-Cola Co.
• Pfizer Inc.
• Reed Elsevier, Inc.
• DIAGEO
• Peabody Energy
• Intuit, Inc.
• Koch Industries, Inc.
• ExxonMobil
• Verizon
• Reynolds American Inc.
• Wal-Mart Stores, Inc.
• Salt River Project
• Altria Client Services, Inc.
• American Bail Coalition
• State Farm Insurance
For more on these corporations,
search at www.SourceWatch.org.

(C) If an alien who is unlawfully present in the United States is convicted of
a violation of state or local law, on discharge from imprisonment or
assessment of any fine that is imposed, the alien shall be immediately
transferred to the custody of the United States immigration and customs
enforcement or the United States customs and border protection.

(D) Notwithstanding any other law, a law enforcement agency may securely
transport an alien who is unlawfully in the United States and who is in the
agency's custody to a federal facility in this state or to any other point of
transfer into federal custody that is outside the jurisdiction of the law
enforcement agency.

(E) Except as provided in federal law, officials or agencies of this state and
counties, cities, towns and other political subdivisions of this state may not
be prohibited or in any way be restricted from sending, receiving or
maintaining information relating to the immigration status, lawful or
unlawful, of any individual or exchanging that information with any other
federal, state or local governmental entity for the following official
purposes:

(1) Determining eligibility for any federal, state, local or other
political subdivision of this state public benefit, service or license.

Exposed

By the Center for
Media and Democracy
www.prwatch.org

(2) Verifying any claim of residence or domicile 46 if determination
of residence or domicile is required under the laws of this state or a
judicial
order issued pursuant to a civil or criminal proceeding in this state.

(3) Confirming the identity of any person who is detained.

(4) If the person is an alien, determining whether the person is in
compliance with the federal registration laws prescribed by Title II,
Chapter 7 of the Federal Immigration and Nationality Act.

(F) A person may bring an action in superior court to challenge any official
or agency of this state or county, city, town or other political subdivision of
this state that adopts or implements a policy that limits or restricts the
enforcement of federal immigration laws to less than the full extent
permitted by federal law. If there is a judicial finding that an entity has
violated this section, the court shall order any of the following:

(1) That the person who brought the action recovers court costs and
attorney fees.

(2) That the entity pay a civil penalty of not less than an amount
equal to one thousand dollars and not more than an amount equal
to five thousand dollars for each day that the policy has remained in
effect after the filing of an action pursuant to this subsection.

(G) A court shall collect the penalty prescribed in subsection F of this
section and remit the penalty to the Department of Public Safety, which
shall establish a special subaccount for the monies in the account
established for the Gang and Immigration Intelligence Team Enforcement
Mission Appropriation. Monies in the special subaccount are subject to
legislative appropriation for distribution for Gang and Immigration
Enforcement and for county jail reimbursement costs relating to illegal
immigration.

(H) A law enforcement officer is indemnified by the law enforcement
officer's agency against reasonable costs and expenses, including attorney
fees, incurred by the officer in connection with any action, suit, or
proceeding brought pursuant to this section to which the officer may be a
party by reason of the officer being or having been a member of the law
enforcement agency, except in relation to matters in which the officer is
adjudged to have acted in bad faith.

Section 3. {Trespassing by illegal aliens; assessment; exception;
classification.}

(A) In addition to any violation of federal law, a person is guilty of
trespassing if the person is both:

(1) Present on any public or private land in this state.

(2) In violation of 8 United States Code Section 1304(e) or Section
1306(a).

(B) In the enforcement of this section, the final determination of an alien's
immigration status shall be determined by either:

(1) A law enforcement officer who is authorized to 92 verify or
ascertain an alien's immigration status.

Exposed

By the Center for
Media and Democracy
www.prwatch.org

(2) A law enforcement officer or agency communicating with the
United States Immigration and Customs Enforcement or the United
States Border Protection pursuant to 8 United States Code Section
1373(c).

(C) A person who is sentenced pursuant to this section is not eligible for
suspension or commutation of sentence or releases on any basis until the
sentence imposed is served.

(D) In addition to any other penalty prescribed by law, the court shall order
the person to pay jail costs and an additional assessment in the following
amounts:

(1) At least five hundred dollars for a first violation.

(2) Twice the amount specified in paragraph 1 of this subsection if
the person was previously subject to an assessment pursuant to this
subsection.

(E) A court shall collect the assessments prescribed in subsection D of this
section and remit the assessments to the Department of Public Safety,
which shall establish a special subaccount for the monies in the account
established for the Gang and Immigration Intelligence Team Enforcement
Mission appropriation. Monies in the special subaccount are subject to
legislative appropriation for distribution for Gang and Immigration
Enforcement and for county jail reimbursement costs relating to illegal
immigration.

(F) This section does not apply to a person who maintains authorization
from the federal government to remain in the United States.

(G) A violation of this section is a Class 1 Misdemeanor, except that a
violation of this section is:

(1) A Class 2 Felony if the person violates this section while
in possession of any of the following:

(a) A dangerous drug as defined by the state.

(b) Precursor chemicals that are used in the
manufacturing of methamphetamine in violation of
state law.

(c) A deadly weapon or a dangerous instrument, as
defined by the state.

(d) Property that is used for the purpose of
committing an act of terrorism as prescribed by the
state

(2) A Class 4 Felony if the person either:

(a) Is convicted of a second or subsequent violation
of this section.

(b) Within sixty months before the violation, has
been removed from the United States pursuant to 8
United States Code Section 1229(a) or has accepted
a voluntary removal from the United States pursuant
to 8 United States Code Section 1229(c).

Exposed

By the Center for
Media and Democracy
www.prwatch.org

Section 4. {Unlawful application; solicitation or employment; certificate
requirement; classification; definitions.}

(A) It is unlawful for a person who is unlawfully present in the United States
and who is an authorized alien to knowingly apply for work, solicit work in a
public place or perform work as an employee or independent contractor in
this state.

(B) A violation of this section is a Class 1 Misdemeanor

(C) For the purposes of this section:

(1) "Solicit" means verbal or nonverbal communication by a gesture
or a nod that would indicate to a reasonable person that a person is
willing to be employed.
(2) "Unauthorized alien" means an alien who does not have the
legal right or authorization under federal law to work in the United
States as described in 8 United States Code Section 1324a(h)(3).

{Unlawful transportation, moving, concealing, harboring or sheltering of
unlawful aliens; vehicle impoundment; classification; fine}

(A) It is unlawful for a person to:

(1) Transport or move or attempt to transport or move an alien in
this state in a means of transportation if the person knows or is in
reckless disregard of the fact that the alien has come to, entered or
remains in the United States in violation of law.

(2) Conceal, harbor or shield or attempt to conceal, harbor or shield
an alien from detection in any place in this state, including any
building or any means of transportation if the person knows or is in
reckless disregard of the fact that the alien has come to, entered or
remains in the United States in violation of law.

(3) Encourage or induce an alien to come to or reside in this state
knowing or in reckless disregard of the fact that such coming to,
entering or residing in this state is or will be in violation of the law.

(B) A means of transportation that is used in the commission of a violation
of this section is subject to mandatory vehicle immobilization of
impoundment pursuant to state law.

(C) A person who violates this section is guilty of a Class 1 Misdemeanor
and is subject to a fine of at least one thousand dollars except that a
violation of this section that involves ten or more illegal aliens is a Class 6
Felony and the person is subject to a fine of at least one thousand dollars
for each alien who is involved.

Section 5. {Removal and immobilization or impoundment of vehicle.}

(A) A peace officer shall cause the removal and either immobilization or
impoundment of a vehicle if the peace officer determines that a person is
driving the vehicle while any of the following applies:

(1) The person's driving privilege is suspended or revoked for any
reason.

Exposed

By the Center for
Media and Democracy
www.prwatch.org

(2) The person has not ever been issued a valid driver license or
permit by this state and the person does not produce evidence of
ever having a valid driver license or permit issued by another
jurisdiction. This paragraph does not apply to the operation of an
implement of husbandry.

(3) The person is subject to an ignition interlock device requirement
pursuant to chapter 4 of this title and the person is operating a
vehicle without a functioning certified ignition interlock device. This
paragraph does not apply to a person operating an employer's
vehicle or the operation of a vehicle due to a substantial emergency
as defined by the state.

(4) The person is transporting, moving, concealing, harboring or
shielding or attempting to transport, move, conceal, harbor or shield
an alien in this state in a vehicle if the person knows or is in
reckless disregard of the fact that the alien has come to, entered or
remains in the United States in violation of law.

(B) A peace officer shall cause the removal and impoundment of a vehicle if
the peace officer determines that a person is driving the vehicle and if all of
the following apply:

(1) The person's driving privilege is canceled, suspended or revoked
for any reason or the person has not ever been issued a driver
license or permit by this state and the person does not produce
evidence of ever having a driver license or permit issued by another
jurisdiction.

(2) The person is not in compliance with the financial responsibility
requirements of chapter 9, article 4 of this title.

(3) The person is driving a vehicle that is involved in an accident
that results in either property damage or injury to or death of
another person.

(C) Except as provided in subsection D of this section, while a peace officer
has control of the vehicle the peace officer shall cause the removal and
either immobilization or impoundment of the vehicle if the peace officer
has probable cause to arrest the driver of the vehicle for a violation
according to state law.
(D) A peace officer shall not cause the removal and either the
immobilization or impoundment of a vehicle pursuant to subsection C of
this section if all of the following apply:

(1) The peace officer determines that the vehicle is currently
registered and that the driver or the vehicle is in compliance with
the financial responsibility requirements of chapter 9, article 4 of
this title.

(2) The spouse of the driver is with the driver at the time of the
arrest.

(3) The peace officer has reasonable grounds to believe that the
spouse of the
driver:

(a) Has a valid driver license.

(b) Is not impaired by intoxicating liquor, any drug, a vapor
releasing substance containing a toxic substance or any
combination of liquor, drugs or vapor releasing substances.

Exposed

By the Center for
Media and Democracy
www.prwatch.org

(c) Does not have any spirituous liquor in the spouse's body
if the spouse is under twenty-one years of age.

(4) The spouse notifies the peace officer that the spouse will drive
the vehicle from the place of arrest to the driver's home or other
place of safety.

(5) The spouse drives the vehicle as prescribed by paragraph 4 of
this subsection.

(E) Except as otherwise provided in this article, a vehicle that is removed
and either immobilized or impounded pursuant to subsection A, B or C of
this section shall be immobilized or impounded for thirty days. An insurance
company does not have a duty to pay any benefits for charges or fees for
immobilization or impoundment.

(F) The owner of a vehicle that is removed and either immobilized or
impounded pursuant to subsection A, B or C of this section, the spouse of
the owner and each person identified on the department's record with an
interest in the vehicle shall be provided with an opportunity for an
immobilization or poststorage hearing pursuant to state law.

Section 6. {Knowingly employing unauthorized aliens; prohibition; false
and frivolous complaints; violation; classification; license suspension and
revocation; affirmative defense.}

(A) An employer shall not knowingly employ an unauthorized alien. If, in the
case when an employer uses a contract, subcontract or other independent
contractor agreement to obtain the labor of an alien in this state, the
employer knowingly contracts with an unauthorized alien or with a person
who employs or contracts with an unauthorized alien to perform the labor,
the employer violates this subsection.

(B)The attorney general shall prescribe a complaint form for a person to
allege a violation of subsection A of this section. The complainant shall not
be required to list the complainant's social security number on the
complaint form or to have the complaint form notarized. On receipt of a
complaint on a prescribed complaint form that an employer allegedly
knowingly employs an unauthorized alien, the attorney general or county
attorney shall investigate whether the employer has violated subsection A
of this section. If a complaint is received but is not submitted on a
prescribed complaint form, the attorney general or county attorney may
investigate whether the employer has violated subsection A of this section.
This subsection shall not be construed to prohibit the filing of anonymous
complaints that are not submitted on a prescribed complaint form. The
attorney general or county attorney shall not investigate complaints that
are based solely on race, color or national origin. A complaint that is
submitted to a county attorney shall be submitted to the county attorney in
the county in which the alleged unauthorized alien is or was employed by
the employer. The county sheriff or any other local law enforcement agency
may assist in investigating a complaint. The attorney general or the county
attorney may take evidence, administer oaths or affirmations, issue
subpoenas requiring attendance and testimony of witnesses, cause
depositions to be taken and require by subpoena duces tecum the
production of books, papers and other documents that are necessary for the
enforcement of this section. Proceedings held during the course of a
confidential investigation are exempt from Title 38, Chapter 3, Article 3.1. If
the employer or any other person refuses to obey a subpoena or fails to
answer questions as provided by this subsection, the attorney general or
the county attorney may apply to the superior court in the manner provided
in state law. Subpoenas under this section may be served by personal
service or certified mail, return receipt requested. When investigating a
complaint, the attorney general or county attorney shall verify the work
authorization of the alleged unauthorized alien with the 276 federal
government pursuant to 8 United States Code section 1373(c). A state,
county or local official shall not attempt to independently make a final
determination on whether an alien is authorized to work in the United
States. An alien's immigration status or work authorization status shall be
verified with the federal government pursuant to 8 United States Code
section 1373(c). A person who knowingly files a false and frivolous
complaint under this subsection is guilty of a class 3 misdemeanor.

(C) If, after an investigation, the attorney general or county attorney

(C) If, after an investigation, the attorney general or county attorney
determines that the complaint is not false and frivolous:

Exposed

By the Center for
Media and Democracy
www.prwatch.org

(1) The attorney general or county attorney shall notify the United
States immigration and customs enforcement of the unauthorized
alien.

(2) The attorney general or county attorney shall notify the local law
enforcement agency of the unauthorized alien.

(3) The attorney general shall notify the appropriate county attorney
to bring an action pursuant to subsection D of this section if the
complaint was originally filed with the attorney general.

(D) An action for a violation of subsection A of this section shall be brought
against the employer by the county attorney in the county where the
unauthorized alien employee is or was employed by the employer. The
county attorney shall not bring an action against any employer for any
violation of subsection A of this section that occurs before January 1, 2008.
A second violation of this section shall be based only on an unauthorized
alien who is or was employed by the employer after an action has been
brought for a violation of subsection A of this section or other state law.

(E) For any action in superior court under this section, the court shall
expedite the action, including assigning the hearing at the earliest
practicable date.

(F) On a finding of a violation of subsection A of this section:

(1) For a first violation, as described in paragraph 3 of this
subsection, the court:

(a) Shall order the employer to terminate the employment of
all unauthorized aliens.

(b) Shall order the employer to be subject to a three year
probationary period for the business location where the
unauthorized alien performed work. During the probationary
period the employer shall file quarterly reports in the form
provided in state law with the county attorney of each new
employee who is hired by the employer at the business
location where the unauthorized alien performed work.

(c) Shall order the employer to file a signed sworn affidavit
with the county attorney within three business days after
the order is issued. The affidavit shall state that the
employer has terminated the employment of all
unauthorized aliens in this state and that the employer will
not intentionally or knowingly employ an unauthorized alien
in this state. The court shall order the appropriate agencies
to suspend all licenses subject to this subdivision that are
held by the employer if the employer fails to file a signed
sworn affidavit with the county attorney within 322 three
business days after the order is issued. All licenses that are
suspended under this subdivision shall remain suspended
until the employer files a signed sworn affidavit with the
county attorney. Notwithstanding any other law, on filing of
the affidavit the suspended licenses shall be reinstated
immediately by the appropriate agencies. For the purposes
of this subdivision, the licenses that are subject to
suspension under this subdivision are all licenses that are
held by the employer specific to the business location where
the unauthorized alien performed work. If the employer does
not hold a license specific to the business location where the
unauthorized alien performed work, but a license is
necessary to operate the employer's business in general,
the licenses that are subject to suspension under this
subdivision are all licenses that are held by the employer at
the employer's primary place of business. On receipt of the
court's order and notwithstanding any other law, the

Exposed

By the Center for
Media and Democracy
www.prwatch.org

court's order and notwithstanding any other law, the
appropriate agencies shall suspend the licenses according to
the court's order. The court shall send a copy of the court's
order to the attorney general and the attorney general shall
maintain the copy pursuant to subsection G of this section.

(d) May order the appropriate agencies to suspend all
licenses described in subdivision (c) of this paragraph that
are held by the employer for not to exceed ten business
days. The court shall base its decision to suspend under this
subdivision on any evidence or information submitted to it
during the action for a violation of this subsection and shall
consider the following factors, if relevant:

(i) The number of unauthorized aliens employed by
the employer.

(ii) Any prior misconduct by the employer.

(iii) The degree of harm resulting from the violation.

(iv) Whether the employer made good faith efforts to
comply with any applicable requirements.

(v) The duration of the violation.

(vi) The role of the directors, officers or principals of
the employer in the violation.

(vii) Any other factors the court deems appropriate.

(2) For a second violation, as described in paragraph 3 of this
subsection, the court shall order the appropriate agencies to
permanently revoke all licenses that are held by the employer
specific to the business location where the unauthorized alien
performed work. If the employer does not hold a license specific to
the business location where the unauthorized alien performed work,
but a license is necessary to operate the employer's business in
general, the court shall order the appropriate agencies to
permanently revoke all licenses that are held by the employer at
the employer's primary place of business. On receipt of the order
and notwithstanding any other law, the appropriate agencies shall
immediately revoke the licenses.

(3) The violation shall be considered:

(a) A first violation by an employer at a business location
366 if the violation did not occur during a probationary
period ordered by the court under this subsection or other
state law, for that employer's business location.

(b) A second violation by an employer at a business location
if the violation occurred during a probationary period
ordered by the court under this subsection or other state
law, for that employer's b business location.

(G) The attorney general shall maintain copies of court orders that are
received pursuant to subsection F of this section and shall maintain a
database of the employers and business locations that have a first violation
of subsection A of this section and make the court orders available on the
attorney general's website.

(H) On determining whether an employee is an unauthorized alien, the court
shall consider only the federal government's determination pursuant to 8

Exposed

By the Center for
Media and Democracy
www.prwatch.org

shall consider only the federal government's determination pursuant to 8
United States Code section 1373(c). The federal government's
determination creates a rebuttable presumption of the employee's lawful
status. The court may take judicial notice of the federal government's
determination and may request the federal government to provide
automated or testimonial verification pursuant to 8 United States Code
section 1373(c).

(I) For the purposes of this section, proof of verifying the employment
authorization of an employee through the e-verify program creates a
rebuttable presumption that an employer did not knowingly employ an
unauthorized alien.

(J) For the purposes of this section, an employer that establishes that it has
complied in good faith with the requirements of 8 United States Code
section 1324a(b) establishes an affirmative defense that the employer did
not knowingly employ an unauthorized alien. An employer is considered to
have complied with the requirements of 8 United States Code section
1324a(b), notwithstanding an isolated, sporadic or accidental technical or
procedural failure to meet the requirements, if there is a good faith attempt
to comply with the requirements.

(K) An employer is not entrapped under this section if the employer was
predisposed to violate subsection A of this section and law enforcement
officers or their agents merely provided the employer with an opportunity
to violate subsection A of this section. It is not entrapment for law
enforcement officers or their agents merely to use a ruse or to conceal their
identity.

Section 7. {Intentionally employing unauthorized aliens; prohibition; false
and frivolous complaints; violation; classification; license suspension and
revocation; affirmative defense.}

(A) An employer shall not intentionally employ an unauthorized alien. If, in
the case when an employer uses a contract, subcontract or other
independent contractor agreement to obtain the labor of an alien in this
state, the employer intentionally contracts with an unauthorized alien or
with a person who employs or contracts with an unauthorized alien to
perform the labor, the employer violates this subsection.

(B) The attorney general shall prescribe a complaint form for a person to
allege a violation of subsection A of this section. The complainant shall not
be required to list the complainant's social security number on the
complaint form or to have the complaint form notarized. On receipt of a
complaint on a prescribed complaint form that an employer allegedly
intentionally employs an unauthorized alien, the attorney general or county
attorney shall investigate whether the employer has violated subsection A
of this section. If a complaint is received but is not submitted on a
prescribed complaint form, the attorney general or county attorney may
investigate whether the employer has violated subsection A of this section.
This subsection shall not be construed to prohibit the filing of anonymous
complaints that are not submitted on a prescribed complaint form. The
attorney general or county attorney shall not investigate complaints that
are based solely on race, color or national origin. A complaint that is
submitted to a county attorney shall be submitted to the county attorney in
the county in which the alleged unauthorized alien is or was employed by
the employer. The county sheriff or any other local law enforcement agency
may assist in investigating a complaint. The attorney general or the county
attorney may take evidence, administer oaths or affirmations, issue
subpoenas requiring attendance and testimony of witnesses, cause
depositions to be taken and require by subpoena duces tecum the
production of books, papers and other documents that are necessary for the
enforcement of this section. If the employer or any other person refuses to
obey a subpoena or fails to answer questions as provided by this
subsection, the attorney general or the county attorney may apply to the
superior court in the manner provided by state law. Subpoenas under this
section may be served by personal service or certified mail, return receipt
requested. When investigating a complaint, the attorney general or county
attorney shall verify the work authorization of the alleged unauthorized
alien with the federal government pursuant to 8 United States Code section
1373(c). A state, county or local official shall not attempt to independently
make a final determination on whether an alien is authorized to work in the
United States. An alien's immigration status or work authorization status
shall be verified with the federal government pursuant to 8 United States
Code section 1373(c). A person who knowingly files a false and frivolous
complaint under this subsection is guilty of a class 3 misdemeanor.

Exposed

By the Center for
Media and Democracy
www.prwatch.org

(C) If, after an investigation, the attorney general or county attorney
determines that the complaint is not false and frivolous:

(1) The attorney general or county attorney shall notify the United
States immigration and customs enforcement of the unauthorized
alien.

(2) The attorney general or county attorney shall notify the local law
enforcement agency of the unauthorized alien.

(3) The attorney general shall notify the appropriate county attorney
to bring an action pursuant to subsection D of this section if the
complaint was originally filed with the attorney general.

(D) An action for a violation of subsection A of this section shall be brought
against the employer by the county attorney in the county where the
unauthorized alien employee is or was employed by the employer. The
county attorney shall not bring an action against any employer for any
violation of subsection A of this section that 458 occurs before January 1,
2008. A second violation of this section shall be based only on an
unauthorized alien who is or was employed by the employer after an action
has been brought for a violation of subsection A of this section or other
state law.

(E) For any action in superior court under this section, the court shall
expedite the action, including assigning the hearing at the earliest
practicable date.

(F) On a finding of a violation of subsection A of this section:

(1) For a first violation, as described in paragraph 3 of this
subsection, the court shall:

(a) Order the employer to terminate the employment of all
unauthorized aliens.

(b) Order the employer to be subject to a five year
probationary period for the business location where the
unauthorized alien performed work. During the probationary
period the employer shall file quarterly reports in the form
provided in state law with the county attorney of each new
employee who is hired by the employer at the business
location where the unauthorized alien performed work.

(c) Order the appropriate agencies to suspend all licenses
described in subdivision (d) of this paragraph that are held
by the employer for a minimum of ten days. The court shall
base its decision on the length of the suspension under this
subdivision on any evidence or information submitted to it
during the action for a violation of this subsection and shall
consider the following factors, if relevant:

(i) The number of unauthorized aliens employed by
the employer.

(ii) Any prior misconduct by the employer.

(iii) The degree of harm resulting from the violation.

(iv) Whether the employer made good faith efforts to
comply with any applicable requirements.

Exposed

By the Center for
Media and Democracy
www.prwatch.org

(v) The duration of the violation.

(vi) The role of the directors, officers or principals of
the employer in the violation.

(vii) Any other factors the court deems appropriate.

(d) Order the employer to file a signed sworn affidavit with
the county attorney. The affidavit shall state that the
employer has terminated the employment of all
unauthorized aliens in this state and that the employer will
not intentionally or knowingly employ an unauthorized alien
in this state. The court shall order the appropriate agencies
to suspend all licenses subject to this subdivision that are
held by the employer if the employer fails to file a signed
sworn affidavit with the county attorney within three
business days after the order is issued. All licenses that are
suspended under this subdivision for failing to file a signed
sworn affidavit shall remain suspended until the employer
files a signed sworn affidavit with the county attorney. For
the purposes of this subdivision, the licenses that are
subject to suspension under this subdivision are all licenses
that are held by the employer specific to the business 504
location where the unauthorized alien performed work. If the
employer does not hold a license specific to the business
location where the unauthorized alien performed work, but a
license is necessary to operate the employer's business in
general, the licenses that are subject to suspension under
this subdivision are all licenses that are held by the
employer at the employer's primary place of business. On
receipt of the court's order and notwithstanding any other
law, the appropriate agencies shall suspend the licenses
according to the court's order. The court shall send a copy of
the court's order to the attorney general and the attorney
general shall maintain
the copy pursuant to subsection G of this section.

(2) For a second violation, as described in paragraph 3 of this
subsection, the court shall order the appropriate agencies to
permanently revoke all licenses that are held by the employer
specific to the business location where the unauthorized alien
performed work. If the employer does not hold a license specific to
the business location where the unauthorized alien performed work,
but a license is necessary to operate the employer's business in
general, the court shall order the appropriate agencies to
permanently revoke all licenses that are held by the employer at
the employer's primary place of business. On receipt of the order
and notwithstanding any other law, the appropriate agencies shall
immediately revoke the licenses.

(3) The violation shall be considered:

(a) A first violation by an employer at a business location if
the violation did not occur during a probationary period
ordered by the court under this subsection or other state
law, for that employer's business location.

(b) A second violation by an employer at a business location
if the violation occurred during a probationary period
ordered by the court under this subsection or other state
law, for that employer's business location.

(G) The attorney general shall maintain copies of court orders that are
received pursuant to subsection F of this section and shall maintain a
database of the employers and business locations that have a first violation
of subsection A of this section and make the court orders available on the
attorney general's website.

(H) On determining whether an employee is an unauthorized alien, the court

Exposed

By the Center for
Media and Democracy
www.prwatch.org

(H) On determining whether an employee is an unauthorized alien, the court
shall consider only the federal government's determination pursuant to 8
United States Code section 1373(c). The federal government's
determination creates a rebuttable presumption of the employee's lawful
status. The court may take judicial notice of the federal government's
determination and may request the federal government to provide
automated or testimonial verification pursuant to 8 United States Code
section 1373(c).

(I) For the purposes of this section, proof of verifying the employment
authorization of an employee through the e-verify program creates a
rebuttable presumption that an employer did not intentionally employ an
unauthorized alien.

(J) For the purposes of this section, an employer that establishes 549 that it
has complied in good faith with the requirements of 8 United States Code
section 1324a(b) establishes an affirmative defense that the employer did
not intentionally employ an unauthorized alien. An employer is considered
to have complied with the requirements of 8 United States Code section
1324a(b), notwithstanding an isolated, sporadic or accidental technical or
procedural failure to meet the requirements, if there is a good faith attempt
to comply with the requirements.

(K) An employer is not entrapped under this section if the employer was
predisposed to violate subsection A of this section and law enforcement
officers or their agents merely provided the employer with an opportunity
to violate subsection A of this section. It is not entrapment for law
enforcement officers or their agents merely to use a ruse or to conceal their
identity.

Section 8. {Verification of employment eligibility; e-verify program;
economic development incentives; list of registered employers;
violation.}

(A) After December 31, 2007, every employer, after hiring an employee,
shall verify the employment eligibility of the employee through the e-verify
program AND SHALL KEEP A RECORD OF THE VERIFICATION.

(B) In addition to any other requirement for an employer to receive an
economic development incentive from a government entity, the employer
shall register with and participate in the e-verify program. Before receiving
the economic development incentive, the employer shall provide proof to
the government entity that the employer is registered with and is
participating in the e-verify program. If the government entity determines
that the employer is not complying with this subsection, the government
entity shall notify the employer by certified mail of the government entity's
determination of noncompliance and the employer's right to appeal the
determination. On a final determination of noncompliance, the employer
shall repay all monies received as an economic development incentive to
the government entity within thirty days of the final determination. For the
purposes of this subsection:

(1) "Economic development incentive" means any grant, loan or
performance based incentive from any government entity that is
awarded after September 30, 2008.

(2) "Government entity" means this state and any political
subdivision of this state that receives and uses tax revenues.

(C) Every three months the attorney general shall request from the United
States Department of Homeland Security a list of employers from this state
that are registered with the e-verify program. On receipt of the list of
employers, the attorney general shall make the list available on the
attorney general's website.

Section 9. {Severability, implementation and construction.}

(A) If a provision of this act or its application to any person or 594
circumstance is held invalid, the invalidity does not affect other provisions

circumstance is held invalid, the invalidity does not affect other provisions
or applications of the act that can be given effect without the invalid
provision or application, and to this end the provisions of this act are
severable.

(B) The terms of this act regarding immigration shall be construed to have
the meanings given to them under federal immigration law.

(C) This act shall be implemented in a manner consistent with federal laws
regulating immigration, protecting the civil rights of all persons and
respecting the privileges and immunities of United States citizens.

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Center for Media
and Democracy's
quick summary:
This Model Act closely resembles the infamous Arizona SB1070 law in its effort to mandate local enforcement of federal immigration law, allow private
citizens to sue if they feel their town, city, county or state government is not "fully" enforcing immigration law (and requiring that taxpayer dollars be
used to pay fines of up to $5000 + attorney's fees), making it a crime to have an illegal immigrant in one's vehicle, making presence on state soil
without federal immigration status a criminal offense, and requiring that employers use the E-Verify system (and further criminalizing the employment
of illegal immigrants). Among the Act's many problems, it prohibits local governments from deciding how best to allocate limited law enforcement
resources to confront the most pressing public safety threats and interferes with the law enforcement-community relationship. The citizen lawsuit
provision further interferes with that law enforcement prioritization by allowing private citizens to sue local government if they feel that not enough
resources are allocated towards immigration enforcement. It is not difficult to imagine that a person might erroneously believe immigration laws are not
being enforced because their neighbors are brown and speak Spanish with one another and bring a lawsuit, failing to recognize that their neighbors
are also U.S. citizens. Section 3 creates a new category of crime by making presence on state land a "trespass" if the person does not have proper
federal immigration papers, and bars any judicial discretion in sentencing; it also makes it a felony to be convicted under this new "trespass" law more
than once.