Frequently Asked Questions (FAQ) about the Legal Arizona Workers Act
- What is the Legal Arizona Workers Act?
- Who is “an unauthorized alien?"
- Does the Legal Arizona Workers Act apply to workers who were hired before January 1, 2008?
- Does the Legal Arizona Workers Act make it a state crime to employ an unauthorized alien?
- Does the Legal Arizona Workers Act apply to workers who are paid in cash?
- Does the Legal Arizona Workers Act apply to an employer who hires an independent contractor?
- I know of an employer who has an unauthorized alien worker on his payroll. What can I do?
- Where may I make a complaint?
- Since I have a choice, where would you recommend I make my complaint?
- Where can I get a complaint form?
- I cannot download the complaint form from this Web site. Where else can I get that complaint form?
- What sort of information do I need to make a complaint?
- May I make an anonymous complaint?
- May I make a complaint over the telephone or by e-mail?
- If I make a complaint and give my name, will my name be made public?
- How much time will it take for me to make a complaint?
- What will happen after I make a complaint?
- A business down the street has workers who only speak Spanish (or any other non-English language). Is that enough for me to make a complaint?
- I have read in the newspaper that several groups have challenged the constitutionality of the Legal Arizona Workers Act. Has the court ruled that the law is valid?
- I am an employer. What must I do to comply with the Legal Arizona Workers Act?
- Are all Arizona employers required to use the E-Verify program?
- Where can I learn about the “E-Verify” program?
- What is the advantage of using the E-Verify program?
- How can I learn whether an employer has enrolled in the E-Veify program?
- I have checked the list on this Web site of employers enrolled in the E-Verify program, but there is no listing of the particular employer I was checking. Does that mean the employer is not enrolled?
- What if I use the federal I-9 process but do not use E-Verify?
- What will happen if I try to comply with the I-9 process but make an innocent mistake?
- What is the Voluntary Employer Enhanced Compliance Program?
- How can an employer sign up for the Voluntary Employer Enhanced Compliance Program?
- What will happen if a complaint is made against an employer that is enrolled in the Voluntary Employer Enhanced Compliance Program?
- How can I learn whether a certain employer is enrolled in the Voluntary Employer Enhanced Compliance Program?
- How can I learn whether the courts have ruled that a certain employer has violated the Legal Arizona Workers Act?
What is the Legal Arizona Workers Act?
This state law allows a County Attorney to bring a civil suit to suspend or revoke business licenses if a business intentionally or knowingly hired an “unauthorized alien” worker after December 31, 2007. The law was passed in 2007 and became effective on January 1, 2008. The statute was amended by the Arizona Legislature in 2008, with those amendments becoming effective on May 1, 2008.
Who is “an unauthorized alien?”
Any person who is not a United States citizen, not a permanent resident, and not otherwise authorized to work in the United States under federal law.
Does the Legal Arizona Workers Act apply to workers who were hired before January 1, 2008?
No.
Does the Legal Arizona Workers Act make it a state crime to employ an unauthorized alien?
No. Federal law defines several crimes that may be committed in connection with employment of an unauthorized alien, but the Legal Arizona Workers Act does not impose criminal penalties.
Does the Legal Arizona Workers Act apply to workers who are paid in cash?
Yes.
Does the Legal Arizona Workers Act apply to an employer who hires an independent contractor?
When an employer uses a contract, subcontract or other independent contractor agreement to obtain the labor of an alien in Arizona, the employer may not knowingly or intentionally contract with an unauthorized alien or with a person who employs or contracts with an unauthorized alien to perform the labor.
I know of an employer who has an unauthorized alien worker on his payroll. What can I do?
You can make a complaint with as much information as possible about the employer and employee.
You can make a complaint with the County Attorney in the county where the unauthorized alien is or was working, or with the Attorney General’s Office.
Since I have a choice, where would you recommend I make my complaint?
The choice is yours to make. You may consider that County Attorneys are authorized by the law to investigate and pursue court action against employers who violate the law. In contrast, the Attorney General's Office is authorized by law only to investigate, and then turn the case over to the County Attorney of the county where the violation is alleged to have occurred. That County Attorney would make the decision about whether to file a court action against the employer.
Where can I get a complaint form?
A complaint form can be downloaded and printed from this Web site. The complaint form on this Web site will be accepted by all the County Attorneys in Arizona, and whether you file that complaint form with a County Attorney or this Office, your complaint will be investigated. Some County Attorneys have their own alternative forms, so in those counties you have the option of using either the form on this Web site or the form available from that County Attorney’s office.
I cannot download the complaint form from this Web site. Where else can I get that complaint form?
Copies of this form may be picked up at the main office of the Attorney General (1275 West Washington in Phoenix) or at any of the Attorney General’s satellite offices across the state. A list of satellite office locations and hours can be found on this Web site. Or you may call the Attorney General’s Office at 602.542.5025 (or 1.800.352.8431 from outside the Phoenix and Tucson metropolitan areas) and a copy will be mailed to you.
What sort of information do I need to make a complaint?
You need to provide information supporting the allegation that an employer has knowingly or intentionally violated the law by hiring an unauthorized alien worker. The complaint form available on this Web site shows the kinds of information that will be helpful in investigating the complaint. Click here for the complaint form.
May I make an anonymous complaint?
The complaint form available on this Web site requires your signature and contact information because investigating anonymous complaints is often more difficult and time-consuming, particularly if any follow-up information is needed. The law states that anonymous complaints are not prohibited, but if you make an anonymous complaint, your complaint may or may not be investigated.
May I make a complaint over the telephone or by e-mail?
Some County Attorneys may accept complaints by telephone or e-mail. You should contact the office of the County Attorney in the county where the unauthorized alien is or was employed to inquire about complaint procedures in that county. Contact information for all County Attorneys is available on this Web site.
If I make a complaint and give my name, will my name be made public?
Since the complaint is a public record, it is possible that your name could at some point be made public.
How much time will it take for me to make a complaint?
We estimate it will take between 10 and 30 minutes to complete the complaint form.
What will happen after I make a complaint
Your complaint will be reviewed by the office with which you file the complaint. Each County Attorney’s office is likely to have its own procedures for investigating complaints, but if additional information is required, most likely you will be contacted by the investigator who has been assigned to look into the complaint. It is difficult to estimate how much time the investigation may require.
A business down the street has workers who only speak Spanish (or any other non-English language). Is that enough for me to make a complaint?
No. You need evidence that the workers are not legally authorized to work in this country, and that the employer hired them knowingly or intentionally. The law states that complaints based solely on race, color or national origin shall not be investigated.
I have read in the newspaper that several groups have challenged the constitutionality of the Legal Arizona Workers Act. Has the court ruled that the law is valid?
To date, the federal District Court in Phoenix and the federal Court of Appeals have ruled that the law is not unconstitutional and may be enforced.
I am an employer. What must I do to comply with the Legal Arizona Workers Act?
Under this state law, after December 31, 2007, you may not hire any unauthorized alien as an employee or independent contractor. Also, you must use the federal government's E-Verify program to check the employment eligibility of every new employee hired after December 31, 2007.
Are all Arizona employers required to use the E-Verify program?
Yes. Arizona law requires all employers to use E-Verify for new workers hired after December 31, 2007. In addition, after September 30, 2008, an employer will not be eligible to receive an economic development incentive or a government contract or subcontract unless the employer uses the E-Verify program.
Where can I learn about the “E-Verify” program?
You can learn about the program, including how to register and how to use the system, by calling E-Verify's toll-free number (1.888.464.4218) or by going to its Web site.
What is the advantage of using the E-Verify program?
Again, Arizona law requires all employers to use E-Verify for new workers hired after December 31, 2007. In addition, if an employer is accused of employing an unauthorized alien worker but can prove that the employment eligibility of that employee was verified using the E-Verify program, there will be a “rebuttable presumption” that the employer did not intentionally or knowingly employ an unauthorized alien.
How can I learn whether an employer has enrolled in the E-Verify program?
Every three months, the Attorney General’s Office requests a list from the United States Department of Homeland Security of employers from this state enrolled in the E-Verify program. When an updated list is received, it is posted here.
It is important, however, to understand what the list contains and what it does not, which is explained in the answer to the next question.
I have checked the list on this Web site of employers enrolled in the E-Verify program, but there is no listing of the particular employer I was checking. Does that mean the employer is not enrolled?
Not necessarily. The list does not necessarily include every employer doing business in Arizona that has registered with the E-Verify program, or every location of the employer’s business in Arizona, for at least the following reasons:
- This list was compiled by the United States Department of Homeland Security from information available on its computer system as of a certain date, so it would not include an employer that registered with E-Verify after that date.
- This list contains only employers that provided an Arizona address to the United States Department of Homeland Security when registering with E-Verify, so it does not necessarily contain all registered employers that conduct business in Arizona or that have one or more employees in Arizona. For example, an employer headquartered in another state may have used its headquarters’ address when registering for E-Verify, and the employer may use E-Verify to check all new hires nationwide, including in Arizona, but that employer would not appear on this list because it did not register for E-Verify using an Arizona address.
- This list does not necessarily include every location in Arizona at which a registered employer conducts business. When an employer registers with the United States Department of Homeland Security to use E-Verify, the employer is asked to provide a single address for contact purposes, even if the employer operates at more than one location. Therefore, the absence of a business address on this list does not mean or imply that the business operating at that address either is or is not registered with E-Verify.
- When an employer registers with E-Verify, the employer uses the legal name of the individual or business entity. In many cases, however, an employer may use a trade name for public business purposes. For example, an employer operating a fast-food franchise restaurant would register with E-Verify using the franchisee’s legal name, but only the franchise trade name may be visible to the public on the restaurant.
Therefore, if you do not find the name or address of a particular business on this list, you should not assume that the employer that operates that business is not registered to use E-Verify. If you want to know whether a particular employer is registered with E-Verify, you should ask the employer.
What if I use the federal I-9 process but do not use E-Verify?
Once again, Arizona law requires all employers to use E-Verify for new workers hired after December 31, 2007. An employer that can prove that it has complied in good faith with the I-9 process and other requirements of the federal law found in 8 United States Code section 1324a(b) will have an affirmative defense that the employer did not knowingly or intentionally employ an unauthorized alien.
What will happen if I try to comply with the I-9 process but make an innocent mistake?
An employer that makes a good faith effort to comply is considered to have complied, notwithstanding an isolated, sporadic or accidental technical or procedural failure.
What is the Voluntary Employer Enhanced Compliance Program?
It is a new program established in the Attorney General’s Office pursuant to the recent amendments to the Legal Arizona Workers Act, which became effective on May 1, 2008. As its name makes clear, each employer must decide whether or not to participate in this voluntary program.
How can an employer sign up for the Voluntary Employer Enhanced Compliance Program?
An employer may enroll in this new program by submitting a signed, notarized “Affidavit and Agreement” form. The form and instructions are available on this Web site. If you want to know the exact terms, you should review the Affidavit and Agreement form in detail, but among other things, the employer promises to verify the employment eligibility of all new employees using the E-Verify program, and to use the Social Security Number Verification Service to verify Social Security numbers of all employees who are not checked through the E-Verify program.
What will happen if a complaint is made against an employer that is enrolled in the Voluntary Employer Enhanced Compliance Program?
If an employer is enrolled in the Voluntary Employer Enhanced Compliance Program and a complaint is made regarding the hiring of a particular worker, the employer shall not be in violation of the Legal Arizona Workers Act if the employer in good faith verified the employment eligibility of the employee named in the complaint through the E-Verify program or if the employer in good faith verified the Social Security Number of the employee named in the complaint through the Social Security Number Verification Service.
How can I learn whether a certain employer is enrolled in the Voluntary Employer Enhanced Compliance Program?
When an employer enrolls in the program, the Attorney General’s Office will provide confirmation to the employer in a form suitable for public display, but the law does not require the employer to display it. On this Web site is a list of employers enrolled in the program.
How can I learn whether the courts have ruled that a certain employer has violated the Legal Arizona Workers Act?
The name of each first-time violator, the location of each such violation, and a copy of the court order will be available on this Web site.