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A4638
ASSEMBLY, No. 4638
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 10, 2026
Sponsored by:
Assemblyman� ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
Co-Sponsored by:
Assemblywoman Fantasia
SYNOPSIS
���� Prohibits the employment of unauthorized aliens and
requires employers to use E-Verify program.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning the employment of unauthorized aliens and
supplementing Title 34 of the Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� As used in this act:
���� "Agency" means any
agency, department, board or commission of this State, or of any political
subdivisions of this State, that issues a license for purposes of operating a
business in this State.
���� �Commissioner� means the
Commissioner of Labor and Workforce Development
���� "E-Verify program"
means the electronic verification of work authorization program of the �Illegal
Immigration Reform and Immigration Responsibility Act of 1996,�
Pub.L.104-208 (8 U.S.C. s.1324a), jointly operated by the
United States Department of Homeland Security and the Social Security
Administration or its successor program.
���� "Employee" means any
individual who is employed by an employer.
���� "Employer" means any
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.
���� "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.
���� "License" means any
agency permit, certificate, approval, registration, charter or similar form of
authorization that is required by law and that is issued by any agency for the
purposes of operating a business in this State, and additionally includes, but
is not limited to:
���� (1)�� A certificate of
incorporation pursuant to N.J.S.14A:2-1 et seq.
���� (2)�� A certificate of
authority pursuant to N.J.S.14A:13-1 et seq.
���� (3)�� A statement of
qualification or a statement of foreign qualification pursuant to P.L.2000,
c.161 (C.42:1A-1 et seq.)
���� (4)�� A certificate of limited
partnership or a certificate of authority pursuant to P.L.1983, c.489
(C.42:2A-1 et seq.)
���� (5)�� A certificate of
formation pursuant to P.L.2012, c.50 (C.42:2C-1 et seq.)
���� "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).
���� 2.��� a.� After December 31,
2020, all employers, who employ 100 or more employees, shall verify the
employment eligibility of all new employees through the E-Verify program.
���� b.��� After December 31, 2021,
all employers, who employ less than 100 employees, shall verify the employment
eligibility of all new employees through the E-Verify program.
���� 3.��� a.� The commissioner
shall develop a Statewide random auditing program to inspect private employers
for compliance with section 2 of this act.
���� b.��� Upon receipt of a
written and signed complaint against an employer, or upon an investigation
initiated by the commissioner for good cause, if the commissioner finds
reasonable grounds exist that an employer allegedly violated section 2, the
commissioner shall institute an investigation of the alleged violation.
���� c.���� Upon a finding of an
occurrence involving a violation after a random audit pursuant to subsection a.
of this section, or after an investigation pursuant to subsection b. of this
section, the employer shall be assessed a civil penalty of not less than $100
and not more than $1000 for each violation. For a first occurrence involving a
violation of section 2, if, upon notification by the commissioner of a
violation, the employer complies within seventy-two hours, the employer shall
not be assessed a penalty. Any subsequent occurrence involving a violation of
section 2 by the employer shall result in the assessment of a civil penalty by
the commissioner. However, if the employer has not committed a violation of
section 2 within the previous five years, a subsequent occurrence shall be
treated as a first occurrence.
���� 4.��� An employer shall not
intentionally employ an unauthorized alien or knowingly employ an unauthorized
alien.
���� 5.��� a.� 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 section 4
of this act. 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 8 U.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).
���� b.��� 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; and
���� (3)�� The Attorney General
shall notify the appropriate county prosecutor to bring an action pursuant to
section 4 of this act if the complaint was originally filed with the Attorney
General.
���� 6.��� 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 section 4 that occurs before January 1, 2021. A second
violation shall be based only on an unauthorized alien who is employed by the
employer after an action has been brought for a previous violation of section
4.
���� 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.
���� 7.��� 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 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 file a signed sworn affidavit with the county prosecutor within three
business days after the order is issued.� The affidavit shall state that the
employer has terminated the employment of all unauthorized aliens and that the employer
will not intentionally or knowingly employ an unauthorized alien. The court
shall order the appropriate agencies to suspend all licenses subject to this
paragraph (3) that are held by the employer if the employer fails to file a
signed sworn affidavit with the county prosecutor within three business days
after the order is issued. All licenses that are suspended under this paragraph
(3) shall remain suspended until the employer files a signed sworn affidavit
with the county prosecutor. Notwithstanding any other law, on filing of the
affidavit, the suspended licenses shall be reinstated immediately by the
appropriate agencies. For the purposes of this paragraph (3), the licenses that
are subject to suspension under this paragraph (3) are all licenses that are
held by the employer and that are necessary to operate the employer's business
at the employer's business location where the unauthorized alien performed
work. If a license is not necessary to operate the employer's business at the
specific location where the unauthorized alien performed work, but a license is
necessary to operate the employer's business in general, the licenses that are
subject to suspension under this paragraph (3) are all licenses that are held
by the employer at the employer's primary place of business. On receipt of the
court's order and notwithstanding any other law, the appropriate agencies shall
suspend the licenses according to the court's order. The court shall send a
copy of the court's order to the Attorney General and the Attorney General
shall maintain the copy pursuant to section 8 of this act.
���� (4)�� May order the
appropriate agencies to suspend all licenses described in paragraph (3) of this
subsection that are held by the employer, not to exceed 10 business days. The
court shall base its decision to suspend under paragraph (4) on any evidence or
information submitted to it during the action for a violation of this section
and shall consider the following factors, if relevant:
���� (a)�� The number of
unauthorized aliens employed by the employer.
���� (b)�� Any prior misconduct by
the employer.
���� (c)�� The degree of harm
resulting from the violation.
���� (d)�� Whether the employer
made good faith efforts to comply with any applicable requirements.
���� (e)�� The duration of the
violation.
���� (f)�� The role of the
directors, officers or principals of the employer in the violation.
���� (g)�� Any other factors the
court deems appropriate.
���� b.��� For a first violation
during a five year period that is an intentional 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 five year probationary period. During the probationary
period the employer shall file quarterly reports with the county prosecutor of
each new employee who is hired by the employer at the specific location where
the unauthorized alien performed work.
���� (3)�� Shall order the
appropriate agencies to suspend all licenses, described in paragraph (3) of
subsection a. of this section that are held by the employer for a minimum of 10
days. The court shall base its decision on the length of the suspension under
this paragraph (3) on any evidence or information submitted to it during the
action for a violation of this subsection and shall consider the following
factors, if relevant:
���� (a)�� The number of
unauthorized aliens employed by the employer.
���� (b)�� Any prior misconduct by
the employer.
���� (c)�� The degree of harm
resulting from the violation.
���� (d)�� Whether the employer
made good faith efforts to comply with any applicable requirements.
���� (e)�� The duration of the
violation.
���� (f)�� The role of the
directors, officers or principals of the employer in the violation.
���� (g)�� Any other factors the
court deems appropriate.
���� (4)�� Shall order the employer
to file a signed sworn affidavit with the county prosecutor. The affidavit
shall state that the employer has terminated the employment of all unauthorized
aliens and that the employer will not intentionally or knowingly employ an
unauthorized alien. All licenses that are suspended under this paragraph shall
remain suspended beyond the minimum 10 days required in paragraph (3) of
subsection b. of this section until the employer files a signed sworn affidavit
with the county prosecutor. For the purposes of this paragraph, the licenses
that are subject to suspension under this paragraph are all licenses that are
held by the employer and that are necessary to operate the employer's business
at the employer's business location where the unauthorized alien performed
work. If a license is not necessary to operate the employer's business at the
specific location where the unauthorized alien performed work, but a license is
necessary to operate the employer's business in general, the licenses that are
subject to suspension under this subdivision are all licenses that are held by
the employer at the employer's primary place of business. On receipt of the
court's order and notwithstanding any other law, the appropriate agencies shall
suspend the licenses according to the court's order. The court shall send a
copy of the court's order to the Attorney General and the Attorney General
shall maintain the copy pursuant to section 8 of this act.
���� c.���� For a second violation
of section 4 of this act during the period of probation, the court shall order
the appropriate agencies to permanently revoke all licenses that are held by
the employer and that are necessary to operate the employer's business at the
employer's business location where the unauthorized alien performed work. If a
license is not necessary to operate the employer's business at the specific
location where the unauthorized alien performed work, but a license is
necessary to operate the employer's business in general, the court shall order
the appropriate agencies to permanently revoke all licenses that are held by
the employer at the employer's primary place of business. On receipt of the
order and notwithstanding any other law, the appropriate agencies shall
immediately revoke the licenses.
���� 8.��� The Attorney General
shall maintain copies of court orders that are received pursuant to section 5
of this act and shall maintain a database of the employers who have a first
violation of section 4 of this act and make the court orders available on the Attorney
General's website.
���� 9.��� 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.
���� 10.� 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.
���� 11.� The Commissioner of Labor
and Workforce Development shall adopt, pursuant to the �Administrative
Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as
necessary to effectuate the purposes of sections 2 and 3 of this act.
���� 12.� This act shall take
effect January 1, 2021.
STATEMENT
���� This bill requires every
employer, before hiring an employee, to verify the employment eligibility of
the employee through the E-Verify program. E-Verify is an electronic
verification of work authorization program jointly operated by the United
States Department of Homeland Security and the Social Security Administration.
The bill provides for employers who employ 100 or more employees to comply with
the E-Verify requirement by December 31, 2020. Employers who employ less than
100 employees must comply with the E-Verify requirement by December 31, 2020.
���� The bill directs the
Commissioner of Labor and Workforce Development to develop a Statewide random
auditing program to inspect private employers for compliance with the E-Verify
requirement. The commissioner is also directed, upon receipt of a written and
signed complaint against an employer, or upon an investigation initiated by the
commissioner for good cause, to institute an investigation if the commissioner
finds reasonable grounds exist that an employer allegedly violated the E-Verify
requirement.
���� The bill provides for the
assessment of a civil penalty of not less than $100 and not more than $1000 on
employers found to be in violation of the E-Verify requirement. For a first
occurrence involving a violation, if, upon notification by the commissioner,
the employer complies within seventy-two hours, the employer shall not be
assessed a penalty. Any subsequent occurrence involving a violation by the
employer results in the assessment of a civil penalty by the commissioner.
However, if the employer has not committed a violation of the E-Verify
requirement within the previous five years, a subsequent occurrence shall be
treated as a first occurrence.
���� The bill also prohibits the
employment of unauthorized aliens. It imposes penalties on employers who
knowingly or intentionally employ unauthorized aliens. For the first violation
where an employer knowingly hired unauthorized aliens, a court shall order the
employer to terminate such employment, to be subject to a three year
probationary period during which the employer shall submit quarterly reports
for each new hire, to file a sworn affidavit within three business days after
the order has been issued or face the suspension of any business license held
by the employer until such time a signed sworn affidavit is filed. In addition,
a court may consider a number of factors surrounding the violation and order
the suspension of any business license for a period not to exceed ten business
days.
���� For the first violation where
an employer intentionally hired unauthorized aliens, a court shall order the
employer to terminate such employment; a five year probationary period during
which the employer shall submit quarterly reports for each new hire; the
suspension of any business license for a minimum ten days after considering all
factors surrounding the violation; and the employer to file a sworn affidavit
until which all licenses shall remain suspended.
���� For any second violation of
knowingly or intentionally employing an unauthorized alien, a court shall order
the permanent revocation of any and all of the employers� business licenses
issued by the State or any political subdivisions of the State.�