Utah Code 63G-12-301. Employing unauthorized alien — Verification of employment eligibility
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(1) On and after the program start date, an employer may not knowingly employ an unauthorized alien who does not hold a permit.
Terms Used In Utah Code 63G-12-301
- Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 63G-12-102
- E-verify program: means the electronic verification of the work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, Utah Code 63G-12-102
- Employee: means an individual employed by an employer under a contract for hire. See Utah Code 63G-12-102
- Employer: means a person who has one or more employees employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written. See Utah Code 63G-12-102
- Permit: means a permit issued under Part 2, Guest Worker Program, and includes:(12)(a) a guest worker permit; and(12)(b) an immediate family permit. See Utah Code 63G-12-102
- Private employer: means an employer who is not the federal government or a public employer. See Utah Code 63G-12-102
- Program: means the Guest Worker Program described in Section 63G-12-201. See Utah Code 63G-12-102
- Program start date: means the day on which the department is required to implement the program under Subsection 63G-12-202(3). See Utah Code 63G-12-102
- 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
- U-verify program: means the verification procedure developed by the department in accordance with Section 63G-12-210. See Utah Code 63G-12-102
- Unauthorized alien: is a s defined in Utah Code 63G-12-102
- Undocumented individual: means an individual who:(23)(a) lives or works in the state; and(23)(b) is not in compliance with the Immigration and Nationality Act, Utah Code 63G-12-102
(2) On and after the program start date, a private employer employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year, after hiring an employee, shall verify the employment eligibility of the new employee:
(2)(a) through the e-verify program if the individual does not hold a permit; and
(2)(b) through the u-verify program if the individual holds a permit.
(3) A private employer shall keep a record of the verification required by Subsection (2) for the longer of:
(3)(a) the duration of the employee’s employment; or
(3)(b) at least three years from the date of verification.
(4) On and after the program start date, a private employer shall terminate the employment of an undocumented individual if the undocumented individual is determined by the department to not hold a valid permit.