e-verify article

E-VERIFY FEDERAL AND STATE REQUIREMENTS

State

Effective Date

Legislation Summary

Federal Government

Pending

All Federal contractors and their subcontractors (paid over $3,000) hiring employees in the U.S. to work on a federal contract must participate.

Arizona

January 1, 2008

All employers of newly hired employees must participate.  Legislation also requires the suspension or revocation of business licenses of employers who knowingly hire illegal immigrants.

Colorado

August 7, 2006

C.R.S. § 8-17.5-101. & 102 (HB 06-1343) All state agencies and employers who have a public contract for services with state agencies or political subdivisions must use E-Verify.  All employers who receive public money must participate; however as amended on May 13, 2008, contractors who enter into or renew a public contract with Colorado must participate in EITHER E-Verify or the Colorado Department of Labor “Department Program.”

Georgia

July 1, 2007

Georgia requires that public employers and any contractors and subcontractors to a public employer must use E-Verify.  Public employers with 500+ employees must register by July 1, 2007, public employers with 100+ by July 1, 2008, and all public employers must be registered by July 1, 2009.

Idaho

December 13, 2006

Executive Order 2006-40 – Requires that all newly hired employees of state agencies participate in E-Verify and that all workers employed with the state through contractors be from companies that verify their employee’s work authorization.

Illinois

No longer applicable

State of Illinois passed a law that would prohibit employers from enrolling in the E-Verify program.  The DHS filed a lawsuit against the state.  The U.S. District Court for the Central District of Illinois agreed with the DHS to find that the state law was in fact invalid.

Minnesota

January 29, 2008

Executive Order 08-01 – Requires that all state contracts in excess of $50,000 must comply with federal employment verification including E-Verify.

Mississippi

March 17, 2008

Requires all employers to use E-Verify, using a phased in approach based on number of employees.  Effective dates: 7/1/2008 for all employers with 250+ employees, 7/1/2009 for all employers with 100+ employees, 7/1/2010 for all employers with 30+ employees and 7/1/2011 for ALL employers.  (SB 2988) Miss. Code 71-1-57 (It is now a FELONY in MS to employ or accept employment with illegal status)

Missouri

January 1, 2009

All public employers and businesses with state contracts or grants in excess of $5,000 and businesses receiving state administered or subsidized tax credit, tax abatement, or loans must participate in E-Verify or another federal work authorization program.

Nebraska

October 1, 2009

All public entities, contractors seeking public projects, and businesses qualifying for state tax incentive programs to enroll in E-Verify.

North Carolina

January 1, 2007

NCGSA 126-7.1 All state agencies, offices, and universities must use E-Verify to ensure that every employee is legally eligible to work. This statute applies to employees hired on or after January 1, 2007, except for employees of local education agencies hired on or after March 1, 2007.

Oklahoma

November 1, 2007

The Oklahoma Taxpayer and Citizen Protection Act (HB 1804) requires state and local government agencies and private employers with government contracts to check the immigration status of newly hired employees by using E-Verify.

*On June 4, 2008, the U.S. District Court for the Western District of Oklahoma issued an injunction barring the state from enforcing the state’s E-Verify law. The injunction will prevent Oklahoma from enforcing the law until a final decision is reached on whether the Oklahoma law should be invalidated because it is preempted by federal law.

Rhode Island

March 27, 2008

Executive Order 08-01 – states that: “The Department of Administration shall require that all persons and businesses, including grantees, contractors and their subcontractors and vendors doing business with the State of Rhode Island also register and utilize the services of the E-Verify program to ensure compliance with federal and state law.”

South Carolina

January 1, 2009

SC HB 4400 South Carolina Illegal Immigration Reform Act – South Carolina – has recently enacted legislation which will require all employers to use E-Verify within five days of hire or to only hire workers with a driver’s license from South Carolina or another state where the license requirements are at least as strict as those in South Carolina.  Effective 07/01/09 for all public employers and public contractors with 500  or more employees; Effective 07/01/09 all private employers with 100 or more employees; and by 07/01/10 all employers must be in compliance.

Utah

July 1, 2009

UT SB 81 – Requires that by July 1, 2009 all public employers and all contractors who contract with Utah public employers participate in E-Verify or any “similar online verification program.”