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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  It will go into effect on July 1, 2008, unless it is repealed before then.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.