HOUSE BILL NO. 1047 Offered January 9, 2008 Prefiled January 9, 2008 A BILL to amend and reenact § 40.1-11.1 of the Code of Virginia, relating to document verification for employment of illegal immigrants; penalty. ----------
Patrons-- Watts, Amundson, Bulova, Ebbin, Eisenberg, Marsden, Mathieson, Miller, P.J., Moran, Nichols, Rust, Scott, J.M., Sickles and Ward; Senators: Barker and Petersen
---------- Committee Referral Pending ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 40.1-11.1 of the Code of Virginia is amended and reenacted as follows:

§ 40.1-11.1. Employment of illegal immigrants; penalty.

It shall be unlawful and constitute a Class 1 misdemeanor for any employer or any person acting as an agent for an employer, or any person who, for a fee, refers an alien who cannot provide documents indicating that he or she is legally eligible for employment in the United States for employment to an employer, or an officer, agent or representative of a labor organization to knowingly:

1. employ, continue Continue to employ, or refer for employment any alien who cannot provide documents indicating that he or she is legally eligible for employment in the United States; or

2.  Falsely represent that the alien worker has documents indicating that he is legally eligible for employment in the United States.

Each day of an employer's continued employment of, or false representation with respect to, each alien who has not provided documents indicating that he is legally eligible for employment in the United States shall constitute a separate civil offense punishable by a civil penalty of $100.

Permits issued by the United States Department of Justice authorizing an alien to work in the United States shall constitute proof of eligibility for employment. 

All employment application forms used by State and local governments and privately owned businesses operating in the Commonwealth on and after January 1, 1978, shall ask prospective employees if they are legally eligible for employment in the United States. 

2. That the provisions of this act shall not be deemed to require any employer to use employment application forms.