E-Verify Federal and State Legislation: LawLogix

Jurisdiction (Federal/State)	Effective Date	Employers Impacted	Penalties for Non-Compliance	Official Link
Federal	January 15, 2009	All Federal contractors and their sub contractors (paid over $3,000) will need to use E-Verify to confirm that all of their new hires and their current employees working directly on federal contracts are authorized to legally work in the United States. How GUARDIAN^SM can help	Ineligibility to receive and/or loss of federal contracts.	Amended Executive Order 12989 (Executive Order 13465) USCIS Press Release Federal Register Final Rule
Arizona	January 1, 2008	All Arizona employers must participate in E-Verify after December 31, 2007.	Penalties effective March 1, 2008 First offense - Temporary AZ business license suspension for 10 days. Second offense - Permanent AZ business license suspension.	HB 2779 HB 2745
Colorado	August 9, 2006; amended on May 13, 2008	All employers with a Colorado state agency or political subdivision contract.	HB 1023: Ineligibility to receive contracts for state agencies, departments and instrumentalities of the state. As part of a series of bills designed to combat illegal immigration in the state of Colorado, HB 06S-1020 is poised to go into effect on January 1, 2008. The bill essentially bars businesses from claiming the wages or remunerations paid to unauthorized alien workers, including independent contractors, for labor as a tax deductible expense on their state income tax returns.	HB 06S-1023 HB 06S-1020 HB 06-1343
Georgia	July 1, 2007	Public employers and any contractors and subcontractors to a public employer. Employers with 500+ employees must register by July 1, 2007, Employers with 100+ employees by July 1, 2008, and all public employers must be registered by July 1, 2009.	Ineligibility to receive and/or loss of state contracts.	06 SB529
Illinois	To be determined. While scheduled to take effect on January 1, 2008, now it will not be enforced until a lawsuit filed against the IL State by the DHS is resolved. The State of IL legislature is currently considering changes to the law and has requested a 60-day stay.	Pending outcome of lawsuit filed against IL State by DHS. This act states “Employers are prohibited from enrolling in any Employment Eligibility Verification System, including the E-Verify (formerly Basic Pilot) program, until the Social Security Administration and Department of Homeland Security databases are able to make a determination on 99% of the tentative non-confirmation notices issued to employers within 3 days, unless otherwise required by federal law.”	Pending outcome of lawsuit filed against IL State by DHS.	Public Act 095-0138/HB1744
Minnesota	January 29, 2008	State Contract Vendors and Employers Receiving Business Subsidies.	Ineligibility to receive a state contract(s).	Governor's Press Release
Mississippi	March 17, 2008	Employers with 250+ employees must register by July 1, 2008, those with 100-249 by July 1, 2009, those with 30-99 employees by July 1, 2010, and employers with fewer than 30 employees by July 1, 2011.	"Any company found guilty of employing illegal immigrants could lose public contracts for three years and the right to do business in Mississippi for one year." and "It shall be a felony for any person to accept or perform employment for compensation knowing or in reckless disregard that the person is an unauthorized alien with respect to employment during the period which the unauthorized employment occurred. Upon conviction, a violator shall be subject to imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years, a fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or both."	SB 2988
Missouri	January 1, 2009	All public employers, any business with a state contract or grant in excess of $5,000 or any business receiving state-administered or subsidized tax credit, tax abatement or loan from the state are to participate in E-Verify or other federal work authorization programs.	Possible Ineligibility to receive contract(s), subsidized tax credits, tax abatement and/or loans.	HB 1549
North Carolina	January 1, 2007	All state agencies, offices, and universities. 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.	No penalty specified.	NC OSP E-Verify FAQ
Oklahoma	Originally 1-Oct-07 - *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. Oklahoma has appealed the district court’s decision.	Requires state and local government agencies and private employers with government contracts to check the immigration status of newly hired employees. Public employers must use the E-Verify beginning Nov. 1, 2007. Contractors have until July 1, 2008 to begin screening newly hired employees.	Ineligibility to receive a state contract(s).	HB 1804
Rhode Island	March 27, 2008	Requires the state’s executive branch and all persons and businesses, including grantees, contractors, sub-contractors and vendors doing business with the state of Rhode Island to register and use E-Verify.	Ineligibility to enter into a state contract(s).	Execut. Order No. 08-01 (RI 2008)
South Carolina	Jan. 1, 2009	On and after January 1, 2009, with respect to contractors, subcontractors, or sub-subcontractors of 500 or more employees. On and after July 1, 2009, with respect to contractors, subcontractors, or sub subcontractors of 100 or more employees but less than 500 employees; and On and after January 1, 2010, with respect to all other contractors, subcontractors or subsubcontractors.	Ineligibility to enter into a state contract(s).	H 4400
Utah	July 1, 2009	Public entities and public contractors. Requires public entities to participate in E-Verify or a similar employment verification system and forbids public employers who do not participate in an employment verification system from entering into contracts with contractors .	Ineligibility to enter into a state contract(s).	SB 81

Jurisdiction
(City/County)

Effective Date

Employers Impacted

Penalties for Non-Compliance

Official Link

CA -
Mission Viejo

July 1, 2007

City ordinance requires that the city and requested employers with city contracts verify the eligibility of new employees through E-Verify.

Ineligibility to enter into a city contract(s).

Ordinance 07-260

OR -
Columbia
County

To be determined

If implemented, the Measure would require all county employers to use E-Verify and would make it illegal for any employer in Columbia County to knowingly or intentionally hire unauthorized aliens. The Measure sets out a system of penalties and procedures for enforcement.

First violation - $10,000 fine.

Second violation - Columbia County Board of Commissioners must seek to revoke the employer's business licenses and permits.

Columbia County Ballot Measure 5-190

States with Laws Emphasizing Employment Verification

State	Effective Date	Employers Impacted	Law Description	Official Link
Arkansas	Feb. 28, 2007	State agencies and contractors.	HB 1024-Act 157 State agencies are prohibited from contracting with businesses that employ illegal immigrants. Contractors must certify that they do not employ or contract with an illegal immigrant.	HB 1024-Act 157
Iowa	May 29, 2007	All businesses that receive state economic development grants.	SB 562 Businesses that receive state econmic development grants must certify that all new employees are authorized to work in the United States.	SB562
Massachusetts	Feb. 23, 2007	All contractors doing business with an Executive Branch Agency.	Executive Order 481 All Executive Branch contracts entered into after the effective date of this Order shall require contractors to certify, as a condition of receiving Commonwealth funds under the contract, that they shall not knowingly use undocumented workers.	Executive Order 481
Nevada	June 2, 2007	All employers.	AB 383 Provides administrative fines for those business licensees that are found to employ illegal aliens. This bill also requires verification of an employee's social security number.	AB 383
New Hampshire	May 19, 2006	All employers.	HB 1278 This bill increases the fine for violating certain labor laws that protect the jobs of citizens from $1,000 to $2,500 per day. Any person, partnership, agency, firm, or corporation violating any provision of RSA 275-A shall be subject to a civil penalty of up to $2,500 for each day of noncompliance, to be imposed by the labor commissioner in accordance with the procedures established in RSA 273:11-a. Any person aggrieved by the commissioner’s assessment of such penalty may appeal in accordance with RSA 273:11-b.	HB 1278
Pennsylvania	May 11, 2006	State employers.	HB 2319 Prohibits state contractors from knowingly employing, or knowingly permitting their subcontractors to employ, undocumented workers. It is an affirmative defense to the violation if the employer establishes that it has required the contractor to certify compliance with the Immigration Reform Control Act of 1986 and has notified the appropriate federal authority upon learning of the violation
Tennessee	June 26, 2007	All employers. Using E-verify is a defense to the hiring of unauthorized workers.	HB 729 The act provides for administrative procedures against employers who knowingly hire illegal immigrants, including the temporary suspension of the employer’s business license.	HB 729
Texas	June 15, 2007	Employers applying for a business subsidy.	HB 1196 Relates to restrictions on the use of certain public subsidies to employ undocumented workers. It provides that a public agency, state or local taxing jurisdiction, or economic development corporation shall require a business that submits an application to receive a public subsidy to include in the application a statement certifying that the business, or a branch, division, or department of the business, does not and will not knowingly employ an undocumented worker.	HB 1196
Virginia	March 12, 2008	Certain business entities, including foreign and domestic corporations, limited liability companies, business trusts, and limited partnerships.	HB 926 States that the corporate existence of a corporation may be terminated involuntarily by order of the Commission when it finds that the corporation (i) has continued to exceed or abuse the authority conferred upon it by law; (ii) has failed to maintain a registered office or a registered agent in this Commonwealth as required by law; or (iii) has failed to file any document required by this chapter to be filed with the Commission; or (iv) has been convicted for a violation of 8 U.S.C. § 1324a(f), as amended, for actions of its officers and directors constituting a pattern or practice of employing unauthorized aliens in the Commonwealth.	HB 926
	March 12, 2008	Public agencies and public contractors.	HB 928 Requires that every public body shall register and participate in a federal work authorization program to verify information on all new employees. No public body shall enter into a contract for the provision of goods, services, or construction that will be produced or performed within the Commonwealth unless the contractor registers and participates in a federal work authorization program to verify information on all new employees.	HB 928
	March 12, 2008	State contractors.	HB 1298/SB 517 Requires that all public bodies provide in every contract that the contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.	HB 1298/SB 517
West Virginia	April 3, 2007	Private employers only.	SB 70 - Chapter 144 Employers shall be required to verify a prospective employee's legal status or authorization to work prior to employing the individual or contracting with the individual for employment services. The law also provides for penalties for employing unauthorized workers, including fines, jail sentences, and revocation of business licenses.	SB 70 - Chapter 144