State E-Verify Action

8/19/2015

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E-Verify is a voluntary internet-based program to help employers verify the work authorization of all new hires.

The program is administered by the U.S. Department of Homeland Security in partnership with the Social Security Administration. Currently, 22 states—Alabama, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia and West Virginia—require the use of E-Verify for at least some public and/or private employers.

Nine states—Alabama, Arizona, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Utah—require E-Verify for all employers (Some states have exemptions for small businesses). Eleven states—Colorado, Florida, Idaho, Indiana, Michigan, Missouri, Nebraska, Oklahoma, Texas, Virginia and West Virginia—require E-Verify for most public employers. Minnesota and Pennsylvania require E-Verify for some public contractors and subcontractors.

On May 26, 2011, the U.S. Supreme Court upheld Arizona’s 2007 law that required the use of E-Verify by Arizona employers, punishable by suspension or revocation of the employer’s business license. The Immigration Reform and Control Act of 1986 (IRCA) preempts any state or local law from imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized immigrants. Citation: 8 U.S.C. 1324a(h). The Supreme Court, by a 5-3 vote, found that language in IRCA did not preempt the state because it was a licensing law permissible under IRCA. The E-Verify program also did not preempt the state: “although Congress had made the program voluntary at the national level, it had expressed no intent to prevent States from mandating participation.” The ruling on the case is “Chamber of Commerce of United States of America v. Whiting (No. 09-115).”

e-verify map

 

 

State

Bill(s)

Year

Summary

Alabama

H 56

H 658

2011

2012

All employers required to use E-Verify

Contractors and subcontractors; prime contractors not liable for subcontractor complying with E-Verify unless they know of the violation

Arizona

H 2779

H 2745

2007

2008

All employers required to use E-Verify

All contractors, subcontractors required to use E-Verify, excluding independent contractors

Colorado

H 1343

S 139
 

S 193

2006

2008
 

2008

State agencies, contractors required to use E-Verify

Requires Dept. of Labor and Employment to notify employers regarding E-Verify; including non-discrimination provisions specified in SB 193

Creates alternative “Department Program” as alternative to E-Verify, which includes random checks for compliance. Excludes securities trading, some financial consulting services, contracts relating to research at higher education institutions, and IT products or services from definition of public contractors

Florida

EO 11-02

EO 11-116

2011

2011

State agencies, contractors, subcontractors

Encourages all employers to utilize E-Verify

Georgia

S 529

H 2
 

S 447
 

 

H 87

2006

2009
 

2010

 

 

2011

Public employers, contractors, subcontractors with 500+ employees

Establishes penalties for local governments that fail to verify work status of employees and contract workers

Requires mandatory notification by public contractors and subcontractors of work status authorization of new hires within five days; Establishes annual audits of contractors to ensure compliance

Requires private employers with more than 10 employees to use E-Verify

Idaho

EO 09-10

2009

Requires all state agencies to verify work eligibility status of new employees; requires public contractors and subcontractors that receive state or federal funds to verify work eligibility status

Indiana

S 590

H 1019

2011

2015

State/local agencies and contractors required to use E-Verify

Public works contractors required to use E-Verify

Louisiana

H 342
 

H 646

 

 

H 996

2011
 

2011

 

 

2012

All state contractors must participate in E-Verify under penalty of contract cancellation and ineligibility for 3 years

Private employers must either use E-Verify or retain work authorization documents. Protects employers from liability if they unknowingly hire illegal aliens while participating in E-Verify

Clarifies the types of public work contracts for which E-Verify is required

Michigan

H 5365

2012

Contractors, subcontractors of the Department of Human Services and Department of Transportation required to use E-Verify

Minnesota

11-3590

2011

Contracts in excess of $50,000 require vendors and subcontractors to use E-Verify

Mississippi

S 2988

2008

All employers, contractors, and subcontractors must use E-Verify

Missouri

H 1549

H 390

2008

2009

Public employers, contractors, subcontractors must use E-Verify

Creates 15-day reporting exemption after emergencies

Nebraska

L 403

2009

Public employers, contractors, and businesses qualifying for state tax incentives must use E-Verify

North Carolina

S 1523

H 36

H 786

2006

2011

2013

All state agencies and institutions, including universities, must use E-Verify

All employers, counties, and municipalities must use E-Verify

All contractors and subcontractors must use E-Verify; excluding employees whose term of employment is less than nine months

Oklahoma

H 1804

2007

Public employers, contractors, subcontractors must use E-Verify

Pennsylvania

S 637

2012

Public works contractors and subcontractors must use E-Verify

South Carolina

H 4400

S 20

H 4813

2008

2011

2012

Public employers and contractors required to use E-Verify

All employers required to use E-Verify

Establishes a 24-hour hotline to report E-Verify violations

Tennessee

H 1378

2011

All employers with 6 or more employees required to use E-Verify or request new employees provide valid state ID

Texas

S 374

2015

State agencies required to use E-Verify

Utah

S 81

S 39

S 251

 

H 116

2008

2009

2010

 

2011

Public employers, contractors, subcontractors required to use E-Verify

Clarifies definition of contracts subject to E-Verify

Private employers with more than 15 employees required to use status verification system such as E-Verify

Allows private employers to employ unauthorized aliens who hold a UT Guest Worker Permit (contingent on a federal waiver)

Virginia

H 737 

H 1859

 

S 1049

2010

2011

 

2011

State agencies required to use E-Verify

Public contractors, subcontractors with more than 50 employees required to use E-Verify

Clarifies penalties for non-compliance with E-Verify

West Virginia

S 659

2012

Public employers and contractors required to use E-Verify

Source: NCSL Immigrant Policy Project

 

Prepared by Gilberto Soria Mendoza, NCSL policy associate and Mathieu Ostrander, 2014 summer fellow.

This fact sheet was made possible by a grant from the John D. and Catherine T. MacArthur Foundation. The statements made and views expressed are solely the responsibility of NCSL.

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