Missouri’s New “Tough Strategy” on Immigration
September 10, 2007
by Employment & Labor Law / Employee Benefits Group
Stinson Morrison Hecker LLP
Copyright © 2007
A new “tough strategy to fight illegal immigration in Missouri” – including checking the immigration status of those arrested, conducting random on-site inspections of state-supported building projects, and requiring contractors receiving tax credits to prove the legal status of their workers – was announced August 29, 2007 by Gov. Matt Blunt ®.
Checking Immigration Status of Those Arrested – All state law enforcement agencies, including Missouri state troopers, are to “verify the immigration status of every criminal” who they arrest and present for incarceration.
Deputized to Enforce Immigration Laws – Missouri has also requested an agreement with federal officials “to essentially deputize state troopers, Capitol Police, and water patrol officers to enforce federal laws and protect against illegal immigration.”
Random on-Site Inspections – The Missouri Department of Economic Development (DED) will conduct random on-site inspections of all state-supported building projects “to monitor and retrieve documentation regarding the legal status of all workers on the job. The inspections will include direct employees of the tax credit recipient, contracted or subcontracted agents and both general contractors and their subcontractors.”
Compliance by Written Demand – In addition, tax credit recipients (including contractors and subcontractors) will be required to submit proof of the legal status of their workers to Missouri’s DED, within 30 days of the agency’s written request.
Bottom Line – Earlier this year, Gov. Blunt issued an Executive Order to audit all state contractors “to ensure that contract employees are legally eligible in the U.S. and to terminate contracts if it is determined a contractor employs illegal immigrants.” In addition, the governor’s directive added provisions in state contracts “to allow the state to immediately cancel contracts if it determines the contractor knowingly has employees not eligible to work in the U.S. and to require contractors to certify that all of their employees meet state and federal employment eligibility requirements.”
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