The state of Indiana has taken a significant step towards protecting its citizens by enacting a law that prohibits businesses from knowingly employing unauthorized workers. The new legislation, Senate Enrolled Act 76, has been signed into effect and will take full force on July 1st. This move is expected to have far-reaching consequences for businesses operating in the state, as they will now be held accountable for ensuring the eligibility of their employees.
The law bans employers from intentionally recruiting, hiring or maintaining employees who aren’t authorized to work in the United States. This provision is designed to prevent businesses from taking advantage of vulnerable workers and to ensure that all employees are complying with federal immigration laws.
Attorney General Todd Rokita has warned businesses that knowingly employing unauthorized workers will result in action being taken against them. He stated that his office will use federally compiled lists of suspected violators to investigate firms and seek sanctions against those who have run afoul of the law.
The new law also authorizes the attorney general’s office to file civil lawsuits against employers who have violated the statute. This provision is intended to provide a mechanism for holding businesses accountable for their actions and to ensure that they are complying with the law.
Under the new law, a court can suspend a company’s operating authorization for five business days or order permanent revocations at all of the firm’s locations in Indiana, depending on the number of violations and the employer’s history. This provision is designed to provide a strong deterrent against businesses that fail to comply with the law.
The business-related provisions of the new law take effect July 1st, marking an important milestone in the implementation of this legislation. As the state moves forward with enforcing this law, it will be interesting to see how businesses adapt and respond to these changes.
Rokita has emphasized that tips from U.S. Immigration and Customs Enforcement, the federal Department of Labor and local law enforcement agencies will take priority when investigating suspected violators. He also stated that members of the public are welcome to report complaints, but they must be thoroughly investigated before any action is taken.
The new law includes protections for those who can show they tried to ensure eligibility through the federal program or industry best practices. This provision is designed to provide a safety net for businesses that have made efforts to comply with the law and to prevent abuse of the system.
Rokita's office is also working on a formal agreement to share data with the U.S. Department of Labor to ensure Hoosier employers are performing their mandatory e-Verify checks. This provision is intended to provide an additional layer of accountability for businesses operating in the state.
Indiana's new immigration enforcement law aims to protect American workers.
