(1) A private employer may not be held civilly liable under state law in a cause of action for the private employer’s unlawful hiring of an unauthorized alien, as defined in 8 U.S.C. § 1324a, if:

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Terms Used In Utah Code 13-47-202

  • Employee: means an individual:
         (2)(a) who is hired to perform services in Utah; and
         (2)(b) to whom a private employer provides a federal form required for federal taxation purposes to report income paid to the individual for the services performed. See Utah Code 13-47-102
  • private employer: means a person who for federal taxation purposes is required to provide a federal form:
              (3)(a)(i) to an individual who performs services for the person in Utah; and
              (3)(a)(ii) to report income paid to the individual who performs the services. See Utah Code 13-47-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Status verification system: includes :
              (4)(b)(i) the electronic verification of the work authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Utah Code 13-47-102
     (1)(a) the private employer complies with Section 13-47-201; and
     (1)(b) the information obtained in accordance with the status verification system indicated that the employee‘s federal legal status allowed the private employer to hire the employee.
(2) A private employer may not be held civilly liable under state law in a cause of action for the private employer’s refusal to hire an individual if:

     (2)(a) the private employer complies with Section 13-47-201; and
     (2)(b) the information obtained in accordance with the status system verification indicated that the individual’s federal legal status was that of an unauthorized alien as defined in 8 U.S.C. § 1324a.