MS HB1322

Amends Mississippi Employment Protection Act to require employers not knowingly employ unauthorized aliens, enforced through the federal E-Verify program rather than a state verification system.

Mandates all employers register with and use E-Verify to verify work authorization of newly hired employees within three days of hiring, with phased implementation deadlines based on employer size from July 1, 2008 through July 1, 2011.

Prohibits employers from discharging U.S. citizens or permanent resident aliens while retaining unauthorized aliens in comparable positions, with employers using E-Verify having a rebuttable presumption they did not knowingly violate the law.

Establishes penalties for employer violations including cancellation of state contracts (up to 3 years ineligibility), loss of business licenses or permits (up to 1 year), or both, with enforcement authority granted to the Department of Employment Security, State Tax Commission, Secretary of State, Department of Human Services, and Attorney General.

Removes criminal penalties for unauthorized aliens accepting employment and clarifies the law does not preempt federal immigration law or apply to homeowners hiring workers for noncommercial purposes.