Arkansas Passes Bill Barring Illegal Immigrant Labor on Public Contracts

Arkansas House Bill 1024, "an act to prohibit state agencies from contracting with businesses that employ illegal immigrants," has recently been passed, and awaits the governor's signature.

The new Act states, "No state agency may enter into or renew a public contract for services with a contractor who knows that the contractor or a subcontractor employs or contracts with an illegal immigrant to perform work under the
contract." Additionally, the new Act requires all prospective government contractors to provide certification that they neither employ, nor contract, any illegal immigrants at the time of certification. Should there be found a violation of this statute, the contractor would have sixty days to rectify the situation or face loss of the contract for breach, and be liable for damages.

In a further measure, the Act states that any subcontractors on public projects must provide the primary contractor with a certification that the subcontractor does not employ nor contract any illegal immigrants. Any primary contractor who finds a subcontractor to be in violation of this statute may then terminate the subcontractor with no breach-of-contract repercussions.

Additionally, the Act provides specific definitions of the following terms: "illegal immigrants," "professional services contract," "public contract for services," "technical and general services" and "state agency."

CLICK HERE to view the full text of the Act.