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New law leaves loopholes for Tennessee employers

Written by Donna Locke Thursday, 16 June 2011 23:00

State Sen. Jim Tracy’s June 10 guest column about the new so-called E-Verify law is misleading (“Law to punish illegal immigrant hires”). Sponsors Tracy and state Rep. Joe Carr allowed the business lobby and the Haslam administration to gut and rewrite their bill, removing, among other things, the mandate on employers to E-Verify. (Sources: Rep. Carr, legislative committee hearings, and the Nashville Business Journal.) . Unscrupulous employers get plenty of loophole and protection under this law. They could get busted for not complying with the bill’s requirement to either keep a copy of a new hire’s driver’s license (or other specified personal document) or E-Verify the hire. But if an employer has chosen the keep-a-copy-of-an-unverified-document option, the employer can escape state and federal penalties for employment of an unauthorized alien — because the employer can claim to have done so unknowingly.

State and federal government have to prove the employer did know.

Federal hiring law protects such “unknowing” employers, requiring nonfederal employers only to examine, not verify, a hire’s documents and then enter the required information onto the I-9 Form.

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