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COLUMBUS AND CLEVELAND, OHIO - In June 2011, the state of Tennessee joined the movement to crack down on the number of illegal immigrants in its state by passing its own set of immigration laws.

So far seven states including Tennessee, Arizona, Georgia, Utah, South Carolina, Indiana, and Alabama have done the same. This radical push to enact powers above the federal government is a result of Congress's lack of passing comprehensive federal immigration legislation.

While Tennessee's law is not a controversial "Arizona-style" law, it does focus more on the expanded use of the federal E-Verify system for employment rather than the checking of immigration status of people involved in a lawful stop.

This is part five of the seven-part series for Columbus immigration lawyer Jonathan Bartell, which focuses on each state's immigration law. This week we will highlight Tennessee's law and how it differs from the states we have discussed previously.  

House Bill 1378: E-Verify bill that requires all Tennessee employers to verify the immigration status of any new employee.

House Bill 1379: Requires Tennessee departments that dispense public benefits to verify lawful status of the person receiving the benefit.

House Bill 1380: Requires police to check the status of someone after they have made lawful contact and have a reasonable suspicion that the person is an illegal alien.

The Tennessee Lawful Employment Act, also known as House Bill 1378, was signed into law in June 2011. This law requires that many private employers and governmental entities are required by law to demonstrate that they are employing and cultivating a legal workforce either by confirming the employment eligibility of all new employees through E-Verify or by asking all newly hired employees for one of the following:

• Valid Tennessee driver license or photo identification
• Valid driver license or photo identification from another state as strict as Tennessee
• Birth certificate from a U.S. state, jurisdiction or territory
• Valid passport
• A U.S. birth certificate of birth abroad
• A certificate of citizenship
• A certificate of naturalization
• U.S. citizen identification card
• Lawful permanent resident card
• Other proof of immigration status and authorization to work in the U.S.

Implementation of this law will become effective in stages beginning Jan. 1, 2012.

• Jan. 1, 2012: All state and local government entities and private employers with 500 or more employees
• July 1, 2012: All private employers with 200-499 employees
• July 1, 2013: All private employers with 6 to 199 employees

Many legislators would like to add elements of the Arizona law - requiring local law enforcement officers to check immigration status when there is "reasonable suspicion" - but talks of this have been postponed until at least 2012.

"So far there are five states that have passed E-Verify bills - Alabama, Tennessee, Louisiana, Indiana and Georgia," the white collar crime attorney said. "Each states' provisions are different from the other, but they all aim to accomplish one goal: keep American jobs intact."

In June 2010 House Bill 670, which included provisions similar to Arizona's law, was passed and put into effect Jan. 2011.  This bill includes requiring city and county jails in the state to report any person who may be in violation of immigration laws to U.S. Immigration and Customs Enforcement.

"This bill is not has stringent as Arizona's because they are only questioning the immigration status of those actually arrested," said employment-based visa attorney Bartell. "The problem is that under this bill, law enforcement agencies are required to contact federal immigration officials if the citizenship of a person in custody cannot be confirmed in three days. This is a concern because it could affect Americans who are unable to produce evidence of their legal status."

Racial profiling is always a concern in immigration laws because there are no guidelines preventing law enforcement from questioning legal immigrants and citizens, the DWI lawyer said. I recommend legal immigrants contact an attorney to ensure they have all the correct paperwork they need for employment in the state of Tennessee and that they discuss their rights and keep their documents close at hand to avoid any future problems.

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