By Representative DeCoste of Norwell, a petition (accompanied by bill, House, No. 2091) of David F. DeCoste, Marcus S. Vaughn and Marc T. Lombardo relative to the verification of employment eligibility of employees through the federal employment authorization e-verify program. Labor and Workforce Development.
Massachusetts bill SD 956 requires employers with state business licenses to verify all new employees' work authorization using the federal E-Verify program. It prohibits employers from intentionally or knowingly hiring unauthorized workers, including those contracted through independent contractors. The law establishes a complaint process where workers or others can report violations without providing Social Security numbers, with investigations handled by the Attorney General or District Attorneys. Employers found violating the law must terminate unauthorized employees' work and face penalties, while all immigration status checks must be confirmed through federal authorities, not state officials.
This bill (HD 3853) authorizes Massachusetts to create a pilot program under the Executive Office of Public Safety and Security. It establishes a "State Immigration Processing & Waiver Office" to develop a database for legal visitors and residents, and explore Employer Sponsorship Agreements (ESAs) where Massachusetts employers can sponsor credentialed non-citizen workers. The pilot also aims to coordinate with federal authorities on potentially allowing state law enforcement to screen certain employable non-citizens, with possible federal reimbursement. The bill directly affects Massachusetts employers needing qualified workers and non-citizen residents seeking clearer immigration pathways within the state.
SD 713, titled "An Act encouraging employer integrity in hiring," prohibits Massachusetts employers from knowingly falsifying employment or citizenship documents for non-citizen workers. It directly affects employers who hire immigrants, imposing penalties for violations: first offenses carry up to $1,000 fines or 30 days in jail, while repeat offenses increase fines ($1,000-$2,500 for second offense, $2,500-$5,000 for third) and jail terms (up to 3 months or 6 months minimum). The bill escalates punishments based on prior convictions for similar offenses in Massachusetts or elsewhere. This law aims to deter document fraud in hiring practices without specifying broader immigration policy changes.
HD 1873, "An Act protecting Massachusetts workers," requires most Massachusetts employers to verify new employees' work authorization using the federal E-Verify program. It directly affects employers (including businesses with state licenses, governments, and self-employed individuals) who hire employees, excluding independent contractors. Key provisions mandate verification after hiring, prohibit intentional hiring of unauthorized workers, create a simplified complaint process for violations (without requiring social security numbers), and direct investigations to the Attorney General or district attorneys. The bill also requires federal verification of immigration status (not state determination) and establishes penalties for false complaints. It applies to violations occurring on or after January 1, 2022.
By Representatives Sousa of Framingham and Cruz of Salem, a petition (accompanied by bill, House, No. 2176) of Priscila S. Sousa and Manny Cruz relative to employer disclosure of immigration status to conceal violation of state wage, benefit, or tax laws. Labor and Workforce Development.
