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Ice on Immigration: New law on
unauthorized workers in Mississippi
By L. Patricia Ice, Featured
Columnist
Question: What happened to the law that makes it a felony for
unauthorized workers to work in Mississippi?
Answer: The law is called the
Mississippi Employment Protection Act (MEPA). It will go into effect on
July 1, 2008, unless it is repealed before then. The law requires that
all employers begin to electronically verify (e-verify), through a
federal computer program, the work authorization status of each new
employee hired on or after July 1. The law does not require that
employers verify the work authorization status of current employees or
those hired before July 1, 2008. Employers who have fewer than 250
employees are allowed to register to e-verify new hires between 2009 and
2011. The MEPA also says that a person who is unauthorized to work in
the United States and who accepts or performs work in Mississippi can be
charged and convicted of a felony (a serious crime). If convicted under
the MEPA, the person can be sent to jail for 1 to 5 years and/or pay a
fine of between $1000 and $5000. Furthermore, an individual charged
under the law may not be eligible to bail out of jail while awaiting
trial. We do not know how the law is going to be enforced, but the
statute specifically states that 5 state government departments can seek
penalties under the law: 1) the Department of Employment Security, 2)
the State Tax Commission, 3) the Department of Human Services, 4) the
Secretary of State, and 5) the Attorney General. A law enforcement
agent from a state, county or city entity may be able to arrest someone
under the law. Most felony cases are usually tried in a Mississippi
Circuit Court.
250 employees are allowed to register to e-verify new hires between
2009 and 2011. The MEPA also says that a person who is unauthorized to
work in the United States and who accepts or performs work in
Mississippi can be charged and convicted of a felony (a serious crime).
If convicted under the MEPA, the person can be sent to jail for 1 to 5
years and/or pay a fine of between $1000 and $5000. Furthermore, an
individual charged under the law may not be eligible to bail out of jail
while awaiting trial. We do not not know how the law is going to be
enforced, but the statute specifically states that 5 state government
departments can seek penalties under the law: 1) the Department of
Employment Security, 2) the State Tax Commission, 3) the Department of
Human Services, 4) the Secretary of State and 5) the Attorney General.
A law enforcement agent from a state, county or city entity may be able
to arrest someone under the law. Most felony cases are usually tried in
a Mississippi Circuit Court.
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