Montana Code 39-51-2110. Payment of benefits to aliens
39-51-2110. Payment of benefits to aliens. (1) Benefits may not be paid on the basis of services performed by an alien unless the alien is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for the purposes of performing the services, or was permanently residing in the United States under color of law at the time the services were performed, including an alien who was lawfully present in the United States as a result of the application of the provisions of the Immigration and Nationality Act, 8 U.S.C. § 1152.
Terms Used In Montana Code 39-51-2110
- Benefits: means the money payments payable to an individual, as provided in this chapter, with respect to the individual's unemployment. See Montana Code 39-51-201
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)Any data or information required of individuals applying for benefits to determine whether benefits are not payable to the individuals because of the individuals’ alien status must be uniformly required from all applicants for benefits.
(3)In the case of an individual whose application for benefits would otherwise be approved, a determination that benefits to the individual are not payable because of the individual’s alien status may not be made except upon a preponderance of the evidence.