"New Jersey Jobs Protection Act"; requires verification of employment.

A156

ASSEMBLY, No. 156

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

Assemblyman MICHAEL INGANAMORT

District 24 (Morris, Sussex and Warren)

Co-Sponsored by:

Assemblyman McGuckin

SYNOPSIS

���� "New Jersey Jobs Protection Act"; requires
verification of employment.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning
the employment of unauthorized
aliens, designated as the �New Jersey Jobs Protection Act� and supplementing
Title 34 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� This act shall be known
and may be cited as the �New Jersey Jobs Protection Act.�

���� 2.��� The Legislature finds
and declares that:

���� a.���� The State of New
Jersey�s economy is currently in recession, resulting in a large number of
lost jobs and lost job opportunities for State residents;

���� b.��� The current loss of jobs
and job opportunities in New Jersey is part of a larger trend of private sector
job loss in the State in recent years;

���� c.���� The loss of jobs and
job opportunities has resulted in an ever increasing number of unemployment
benefit claims being filed by New Jersey residents;

���� d.��� The ever increasing
number of individuals collecting unemployment compensation benefits is rapidly
depleting the State�s unemployment compensation fund;

���� e.���� The State�s
unemployment compensation fund is funded through a tax on employers and
employees of the State and if the reserve of the fund falls below a certain
level, it triggers a tax increase to New Jersey businesses, which are already
under considerable financial pressure;

���� f.���� The State has a fiscal
and moral responsibility to implement public policies that foster economic
growth and full employment for all legal residents of the State;

���� g.��� In November, 2008, an
estimated 275,100 persons were unemployed in New Jersey;

���� h.��� In 2007, an estimated
470,000 citizens of foreign nations were living in New Jersey in violation of
federal immigration laws; these individuals are known as unauthorized aliens;

���� i.���� Many of these
unauthorized aliens are being employed by unscrupulous New Jersey employers and
therefore denying jobs to legal State residents;

���� j.���� Many of these
unauthorized aliens are paid substandard wages and are purposely misclassified
to avoid paying State taxes and contributing to State benefit programs, such as
unemployment compensation;

���� k.��� Such illegal and unfair
competition results in: fewer employment opportunities for legal residents; a
reduction in State tax revenues; a continued decline of the State�s
unemployment insurance fund; a decrease in wages for legal residents; an unfair
economic advantage to those employers who do not pay their fair share of State
tax obligations; a negative effect on the State�s economy; significant
uncompensated costs to local governments and taxpayers; additional unauthorized
aliens entering or remaining in New Jersey illegally; and, an erosion of public
respect for the rule of law in New Jersey and the United States;

���� l.���� The public interest
requires that the State of New Jersey hold such unscrupulous employers
accountable for their illegal actions, enforce applicable State laws, and
impose appropriate penalties to deter such conduct in the future;

���� m.�� Employers in New
Jersey can now verify that the individuals they employ are eligible for
lawful employment in this State through the federal E-verify program;

���� n.��� The State must take
action to protect law abiding employers and employees and ensure that employers
who continue to violate the laws of this State are dealt a progressive series
of monetary penalties that will discourage any future violations.

���� 3.��� As used in this act:

���� �Employee� means an individual
who is employed by an employer.

���� �Employer� means an individual
or entity that transacts business in this State that employs one or more
individuals who perform employment services in this State.� �Employer� includes
the State, any political subdivision of this State and self-employed persons.

���� �E-verify� means the basic
employment verification program as jointly administered by the United States
Department of Homeland Security and the Social Security Administration or its
successor program.

���� �Intentionally� means, with
respect to a result or to conduct described in this act, that a person�s
objective is to cause that result or to engage in that conduct.

���� �Knowingly employ an
unauthorized alien� means those actions described in 8 U.S.C. s.1324a. This
term shall be interpreted consistently with 8 U.S.C. s.1324a and any applicable
federal rules and regulations.

���� �Unauthorized alien� means an
alien who does not have the legal right or authorization under federal law to
work in the United States as described in 8 U.S.C. s.1324a(h)(3).

���� 4.��� a. An employer shall not
intentionally employ an unauthorized alien or knowingly employ an unauthorized
alien.

���� b.��� On receipt of a
complaint that an employer allegedly intentionally employs an unauthorized
alien or knowingly employs an unauthorized alien, the Attorney General or
county prosecutor shall investigate whether the employer has violated
subsection a. of this section.� When investigating a complaint, the Attorney
General or county prosecutor shall verify the work authorization of the alleged
unauthorized alien with the federal government pursuant to 8U.S.C. s.1373(c).�
A state, county or local official shall not attempt to independently make a
final determination as to whether an alien is authorized to work in the United States.� An alien's immigration status or work authorization status shall be
verified with the federal government pursuant to 8 U.S.C. s.1373(c).

���� c.���� If, after an
investigation, the Attorney General or county prosecutor determines that the
complaint is not frivolous:

���� (1)�� The Attorney General or
county prosecutor shall notify the United States Immigration and Customs
Enforcement of the unauthorized alien.

���� (2)�� The Attorney General or
county prosecutor shall notify the local law enforcement agency of the
unauthorized alien.

���� (3)�� The Attorney General
shall notify the appropriate county prosecutor to bring an action pursuant to
section 5 of this act if the complaint was originally filed with the Attorney
General.

���� 5.��� a.� An action for a
violation of section 4 of this act shall be brought against the employer by the
county prosecutor in the county where the unauthorized alien employee is
employed.� The county prosecutor shall not bring an action against any employer
for any violation of subsection a. of this section that occurs before July
1, 2011.

���� b.��� For any action in
Superior Court under this act, the court shall expedite the action, including
assigning the hearing at the earliest practicable date.

���� 6.��� On a finding of a
violation of section 4 of this act:

���� a.���� For a first violation
during a three year period that is a knowing violation the court:

���� (1)�� Shall order the employer
to terminate the employment of all unauthorized aliens.

���� (2)�� Shall order the employer
to be subject to a three year probationary period.� During the probationary
period the employer shall file quarterly reports with the county prosecutor.
The reports shall include, but not be limited to, documentation of the E-verify
confirmation of each new employee who is hired by the employer at the specific
location where the unauthorized alien performed work.

���� (3)�� Shall order the employer
to pay a penalty of $10,000 for each unauthorized alien employed by the
employer at the time the action against the employer is filed with the county
prosecutor or the Attorney General.� All moneys recovered from a penalty imposed
pursuant to this section shall be paid into the State Treasury to the credit of
the General Fund.

���� b.��� For a second violation
of section 4 of this act during the period of probation, the court:

���� (1)�� Shall order the employer
to terminate the employment of all unauthorized aliens.

���� (2)�� Shall order the employer
to be subject to an additional five year probationary period.� During the
probationary period the employer shall file quarterly reports with the county
prosecutor. The reports shall include, but not be limited to, documentation of
the E-verify confirmation of each new employee who is hired by the employer at
the specific location where the unauthorized alien performed work.

���� (3)�� Shall order the employer
to pay a penalty of $20,000 for each unauthorized alien employed by the
employer at the time of the action against the employer being filed with the
county prosecutor or the Attorney General.� All moneys recovered from a penalty
imposed pursuant to this section shall be paid into the State Treasury to the
credit of the General Fund.

���� c.���� For a third violation
of section 4 of this act during the period of probation, the court:

���� (1)�� Shall order the employer
to terminate the employment of all unauthorized aliens.

���� (2)�� Shall order the employer
to pay a penalty of $30,000 for each unauthorized alien employed by the
employer at the time of the action against the employer being filed with the
county prosecutor or the Attorney General.� All moneys recovered from a penalty
imposed pursuant to this section shall be paid into the State Treasury to the
credit of the General Fund.

���� 7.��� The Attorney General
shall maintain copies of court orders that are received pursuant to section 6
of this act and shall maintain a database of the employers who have been found
to have committed a first violation of subsection a. of section 4 of this act
and make the court orders available on the Attorney General's website.

���� 8.��� a.� In determining
whether an employee is an unauthorized alien, the court shall consider only the
federal government's determination pursuant to 8 U.S.C. s.1373(c).� The federal
government's determination creates a rebuttable presumption of the employee's
lawful status. The court may take judicial notice of the federal government's
determination and may request the federal government to provide automated or
testimonial verification pursuant to 8 U.S.C. s.1373(c).

���� b.��� For the purposes of this
section, proof of verifying the employment authorization of an employee through
the E-verify program creates a rebuttable presumption that an employer did not
intentionally employ an unauthorized alien or knowingly employ an unauthorized
alien.

���� c.���� For the purposes of
this section, an employer who establishes that it has complied in good faith
with the requirements of 8 U.S.C.s.1324b establishes an affirmative defense
that the employer did not intentionally or knowingly employ an unauthorized
alien.

���� 9.��� This act shall not be
construed to require an employer to take any action that the employer believes
in good faith would violate federal or State law.

���� 10.� After December 31, 2011, every employer, after hiring an employee, shall verify the employment
eligibility of the employee through the E-verify program, within ninety days of
date of hire.

���� 11.� The Attorney General,
pursuant to the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et
seq.), shall adopt rules and regulations necessary to effectuate the purposes
of this act.

���� 12.� This act shall take
effect immediately.

STATEMENT

���� This bill, the �New Jersey
Jobs Protection Act,� requires that all employers use the federal �E-verify�
system to check the employment eligibility of each new hire, within ninety days
of the date of hire.

���� The bill establishes a
graduated penalty system against any employer who knowingly employs
unauthorized aliens. The penalty for the first offense will be a $10,000 fine
for each unauthorized alien and three years of monitored probation.� During the
probationary period the employer is required to file quarterly reports with the
county prosecutor.� The reports must include, but shall not be limited to,
documentation of the E-verify confirmation of each new employee who is hired by
the employer at the location where the unauthorized alien performed work.

���� The penalty for a second
offense will be a $20,000 fine for each unauthorized alien and an additional
five years of monitored probation. The penalty for a third offense will be a
$30,000 fine for each unauthorized alien.

���� Under the bill, proof that the
employee�s eligibility to work was confirmed through the E-verify program
creates a rebuttable presumption that the employer did not intentionally or
knowingly employ an unauthorized alien.�

���� E-verify is an Internet-based
system operated jointly by the Department of Homeland Security and the Social
Security Administration.� It provides an automated link to federal databases to
help employers determine employment eligibility of new hires and the validity
of their Social Security numbers.� It is currently available to employers
without charge.