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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).”
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State
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Bill(s)
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Year
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Summary
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Alabama
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H 56
H 658
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2011
2012
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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
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Arizona
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H 2779
H 2745
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2007
2008
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All employers required to use E-Verify
All contractors, subcontractors required to use E-Verify, excluding independent contractors
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Colorado
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H 1343
S 139
S 193
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2006
2008
2008
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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
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Florida
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EO 11-02
EO 11-116
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2011
2011
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State agencies, contractors, subcontractors
Encourages all employers to utilize E-Verify
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Georgia
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S 529
H 2
S 447
H 87
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2006
2009
2010
2011
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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
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Idaho
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EO 09-10
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2009
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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
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Indiana
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S 590
H 1019
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2011
2015
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State/local agencies and contractors required to use E-Verify
Public works contractors required to use E-Verify
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Louisiana
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H 342
H 646
H 996
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2011
2011
2012
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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
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Michigan
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H 5365
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2012
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Contractors, subcontractors of the Department of Human Services and Department of Transportation required to use E-Verify
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Minnesota
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11-3590
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2011
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Contracts in excess of $50,000 require vendors and subcontractors to use E-Verify
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Mississippi
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S 2988
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2008
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All employers, contractors, and subcontractors must use E-Verify
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Missouri
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H 1549
H 390
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2008
2009
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Public employers, contractors, subcontractors must use E-Verify
Creates 15-day reporting exemption after emergencies
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Nebraska
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L 403
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2009
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Public employers, contractors, and businesses qualifying for state tax incentives must use E-Verify
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North Carolina
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S 1523
H 36
H 786
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2006
2011
2013
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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
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Oklahoma
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H 1804
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2007
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Public employers, contractors, subcontractors must use E-Verify
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Pennsylvania
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S 637
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2012
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Public works contractors and subcontractors must use E-Verify
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South Carolina
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H 4400
S 20
H 4813
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2008
2011
2012
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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
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Tennessee
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H 1378
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2011
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All employers with 6 or more employees required to use E-Verify or request new employees provide valid state ID
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Texas
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S 374
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2015
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State agencies required to use E-Verify
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Utah
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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)
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Virginia
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H 737
H 1859
S 1049
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2010
2011
2011
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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
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West Virginia
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S 659
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2012
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Public employers and contractors required to use E-Verify
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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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