INDIANAPOLIS (WRTV) — The general counsel for the Indiana Chamber of Commerce on Monday said employers should follow best practices to avoid running afoul of Indiana’s new immigration law.
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Beginning July 1, employers can no longer hire, recruit, or continue to employ someone who is not authorized to work in the United States. The attorney general can investigate suspected violations. A first offense will bring a warning. Subsequent offenses will be referred to the courts, which will have the option to suspend business licenses for anywhere from five business days to six months, depending on how many violations there are. In extreme cases, the courts are authorized to revoke business licenses permanently.
Adam Berry, vice president for public policy and general counsel at the Indiana Chamber of Commerce, said the Chamber is fielding questions from employers about how to comply with the law before it takes effect. He said the most common sources of questions are labor-intensive industries such as agriculture or hospitality. Berry said the law only applies to hiring practices on or after July 1. It does not go after employers for decisions they made before then.
“There is no look back. So they have until July 1 to get their house in order, and again, it’s not a report card on the past, but it’s the day on which compliance matters going forward,” he said.
Berry said the law leaves it up to the courts whether and to what extent they impose penalties. He said enforcement will begin with the attorney general issuing a civil investigation demand, or CID, to a business suspected of violations. That does not automatically mean the employer is facing sanctions.
“It’s the attorney general’s way of discovering more information about the employer, it’s hiring practices, et cetera,” he said. “Certainly, employers who are doing the right thing, or believe they are doing the right thing, they can definitely be issued a CID. Employers should know that they have rights if they receive a civil investigation demand. So in that instance, they should certainly contact an attorney sooner rather than later.”
Berry said the attorney general’s office will issue guidance for employers later this month. He said employers should follow the guidance closely and make sure their paperwork is organized and ready for inspection.
During a news conference last week, Attorney General Todd Rokita said the new law does not allow him to open criminal probes into businesses. He said any penalties under the law are strictly civil. But he said he will refer cases to county prosecutors for further investigation if, in the course of any reviews, he discovers evidence of possible criminal wrongdoing.
