Indiana Immigration Law - Ice Miller LLP

Governor Signs Compromise Illegal Immigration Bill: Indiana Employer Obligations

The Governor has signed the Indiana General Assembly's compromise immigration reform bill (Senate Bill 590). Much of the public attention to the original Senate Bill focused on more controversial provisions of the bill, such as stiff employer sanctions and English-only requirements for public meetings and public documents. While the most controversial provisions of the bill were removed in the final bill, employers should be aware of several changes to immigration-related employer compliance.

Most significantly, certain employers will be required to enroll in E-Verify, a free, Internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administration. This system requires enrolled employers to verify online the employment eligibility of most new hires after the employee has completed the mandatory Form I-9 for employment verification. Additional provisions of the new law are intended to encourage employers not currently participating to voluntarily enroll in the E-Verify program.

Provisions of the new bill of which employers should be most aware include the following:

Other provisions of the law include the establishment of several new personal criminal offenses related to immigration, prohibition of law enforcement officers from requesting citizenship or immigration status from victims or witnesses of crimes, and a requirement that the Department of Correction verify the citizenship or immigration status of criminal offenders.

Immigration reform continues to be highly controversial at the local, state and federal levels. Coincidentally, President Obama just announced his renewed commitment to tackling reform in Congress, no doubt in response to the patchwork response occurring by the states.

If you have questions regarding I-9 compliance, employer sanctions or any other immigration matters, please contact Jenifer Brown at jenifer.brown@icemiller.com or (317) 236-2242 or Christl Glier at christl.glier@icemiller.com or (317) 236-2314.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice.  The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.

May 11, 2011