Tennessee

States are increasingly considering laws establishing employment eligibility verification requirements. In Tennessee, four such bills have already been enacted. In addition, Governor Phil Bredesen has issued an executive order requiring certain methods of employment verification for all entities engaged in business with the state, as well as penalties for those who knowingly employ illigal immigrants during the performance of a state contract.

Though the demand for quick action that compels Tennessee lawmakers and their colleagues across the nation is understandable, creating a patchwork of uncoordinated verification systems undermines efficacy of existing and potential federal approaches.

Immigration and Employment Verification

Enacted Legislation

Executive Order #41: Requires persons and companies doing business with the state to attest on a semi-annual basis that they will not knowingly utilize the services of any subcontractor who employs illegal immigrants.  Those discovered to have knowingly used the services of illegal immigrants in the performance of providing goods or services to the state will be prohibited from contracting or bidding on any contract for a period of one  year thereafter.  The provisions of the mandate, which also include random checks of personnel records, must be clearly stated in all future contracts. 

To view the full version of this mandate, click here.

Public Acts 2007, Chapter 529: Final version (June 7, 2007) creates the offenses of knowingly employing, recruiting for employment or referring for a fee an illegal alien. Authorizes state and local government entities to report suspected violations to the Department of Labor and Workforce. Establishes penalties for committing such offenses. Effective January 1, 2008.

To view the final version of this bill, click here.

Public Acts 2007, Chapter 220: Final version (April 9, 2007) requires that no person in the state shall accept an individual taxpayer identification number as a form of identification. Any person, including any contractor, in the state who is presented with an individual taxpayer identification number by a potential employee or subcontractor as a form of identification or to prove immigration status shall reject such number and shall request the lawful resident verification information that the person is required to obtain pursuant to federal law. Effective immediately.

To view the final version of this bill, click here.

Public Acts 2006, Chapter 878: Final version (June 1, 2006) prohibits businesses from contracting with the state without first attesting in writing that it will not knowingly utilize the services of illegal immigrants or of any subcontractor who will utilize illegal immigrants. Prohibits contracting with state within one year of discovery that contractor has employed illegal immigrants. The bar from contracting may be appealed.

To view the final version of this bill, click here.