§ 22-4-14-9 — Aliens

(a) As used in this section, "SAVE program"
refers to the Systematic Alien Verification for Entitlements program
operated by the United States Department of Homeland Security or a
successor program designated by the United States Department of
Homeland Security.
(b) For weeks of unemployment occurring subsequent to December
31, 1977, benefits may not be paid on the basis of services performed
by an alien unless the alien is an individual who has been lawfully
admitted for permanent residence at the time the services are
performed, is lawfully present for purposes of performing the services,
or otherwise is permanently residing in the United States under color
of law at the time the services are performed (including an alien who
is lawfully present in the United States as a result of the application of
the provisions of Section 207, Section 208, or Section 212(d)(5) of the
Immigration and Nationality Act (8 U.S.C. 1157 through 1158).
(1) Any data or information required of individuals applying for
benefits to determine whether benefits are not payable to them
because of their alien status shall be uniformly required from all
applicants for benefits.
(2) In the case of an individual whose application for benefits
would otherwise be approved, no determination that benefits to
the individual are not payable because of the individual's alien
status may be made except upon a preponderance of the evidence.
(3) Any modifications to the provisions of Section 3304(a)(14) of
the Federal Unemployment Tax Act, as provided by P.L.94-566,
which specify other conditions or other effective date than stated
in this section for the denial of benefits based on services
performed by aliens and which are required to be implemented
under state law as a condition for full tax credit against the tax
imposed by the Federal Unemployment Tax Act, shall be
considered applicable under this section.
(c) If an individual who applies for benefits is not a citizen or
national of the United States, the department shall verify the status of
the individual as a qualified alien (as defined in 8 U.S.C. 1641) through
the SAVE program to determine the individual's eligibility for benefits.
The department shall implement this subsection in accordance with
federal law.
As added by Acts 1977, P.L.262, SEC.24. Amended by
P.L.135-1990, SEC.3; P.L.171-2011, SEC.14.