TRENTON, N.J. — A newly introduced bill in the New Jersey General Assembly would require all employers in the state to use the federal E-Verify program to confirm the work eligibility of new hires and impose penalties on businesses that knowingly or intentionally employ unauthorized immigrants.
Assembly Bill 1273, sponsored by Assemblyman Alex Sauickie (R-12) and co-sponsored by four other Republican lawmakers, would mandate large employers with 100 or more workers to comply with the E-Verify requirement by the bill’s passing.
The bill directs the New Jersey Commissioner of Labor and Workforce Development to establish a statewide random auditing system to monitor compliance. Employers found in violation could face civil penalties ranging from $100 to $1,000 per offense. First-time violators who comply within 72 hours of notification would avoid a fine, but repeat offenses would be subject to penalties unless five years have passed since the previous infraction.
AB1273 also prohibits employers from intentionally or knowingly hiring unauthorized workers. If a court determines an employer knowingly hired such individuals, it must order the employer to terminate their employment, submit to a three-year probationary period, and file a sworn affidavit confirming compliance. Employers who fail to file the affidavit could have their business licenses suspended.
For intentional violations, the probationary period would increase to five years, and business licenses would be suspended for a minimum of 10 days. Repeat violations during probation would result in permanent revocation of all licenses necessary to operate.
“An employer shall not intentionally employ an unauthorized alien or knowingly employ an unauthorized alien,” the bill states.
The bill assigns enforcement responsibilities to the New Jersey Attorney General or county prosecutors, who would verify the immigration status of suspected unauthorized workers with the federal government under existing federal statutes. Courts would base findings on federal determinations and could take judicial notice of that evidence.
Assembly Bill 1273 is currently awaiting review by legislative counsel for technical compliance.
