I discussed some of the burdens on businesses of the Alabama Immigration Act, such as a great increase in litigation and new red-tape.

But how does the statute apply to multi-state corporations?

  • For instance, when the statute requires every business which receives incentives from the state to “participate in the E-Verify program and shall verify every employee,” does this mean that Tyson Foods must now verify every employee of the entire corporation, even those outside the state in Arkansas or Texas or Nebraska?
  • Or, considering that a person can sue for discriminatory hiring practices if they are looked over for a job or lose a job and the company employs any illegal immigrant, then if a Wal-Mart store fires an employee in Alabama but the company employes an unauthorized immigrant at a Texas distribution center, does the fired employee still have a cause of action?

Alabama courts (and federal one, too) will be busy and have plenty of opportunity to answer these questions and assess other unclear implications and consequences of this statute.

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