E-Verify Federal and State Legislation Map

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Jurisdiction
(Federal/State)
Effective Date Employers Impacted
Penalties for Non-Compliance Official Link
Federal September 8, 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.

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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

Arkansas

Originally July 1, 2009.

On July 7, 2009, HB 1093 is recommended for study in the Interim by Joint Interim Committee on JUDICIARY Commit­tee- HOUSE

State agencies will have to use E-Verify for all new employees.

Also a contractor or subcontractor who enters into a contract with a public employer shall not enter into a contract or subcontract in connection with the physical performance of services within this state unless the contractor or subcontractor registers and participates in the E-Verify system.

Ineligibility to receive and/or loss of federal contracts.

HB 1093

Colorado August 7, 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.

July 1, 2007:
Employers with 500+ employees.

July 1, 2008:
Employers with 100+ employees.

July 1, 2009:
All public employers.

January 1, 2010:
Governor Sonny Perdue signed HB 2 into law:

A public employer shall permanently post the employer's federally issued user identification number and date of authorization, on the employer's website. If the employer does not maintain a website, the mentioned data shall be published annually in the official legal organ for the county.

A person who intentionally advises, encourages, hires, counsels, or procures another to commit a crime, may be charged with and convicted of commission of the crime.

06 SB529

HB 2

Idaho July 1, 2009

All state agencies.

State agencies shoud use procedures to verify and ensure that all new employees with any agency of the State of Idaho are eligible for employment under federal and state law.

Penalties for an employer who knowingly and willfully fails to confirm that an employee is eligible to work in the United States or knowingly and willfully employs a person who cannot legally work in this country may include immediate cancellation of the contract, reversion of unspent public funds, and monetary penalties. After July 1, 2009, every contract by a state agency for a state project or service performed for the State of Idaho shall include appropriate civil penalties for violating this executive order.

EO_2006-40

EO_2009-10

Indiana

Originally September 30, 2009

On May 3, 2009 the bill was referred to Commit­tee on Interstate and Interna­tional Coo­pera­tion.

State and local governments, and their contractors, will have to use the federal E-Verify system to check the employment eligibility of new hires.

Some private employers also would be required to use E-Verify

A contractor of a public contract for services may terminate a contract with a subcontractor if the subcontractor employs unauthorized aliens or contracts with them.

SB 580

Minnesota January 29, 2008

All hiring authorities within the executive branch of state government, and employers with state contracts in excess of $50,000 must use the E-Verify program for all newly hired employees.

Recipients of business subsidies will not be required to participate in the E-Verify program, but incentives will be created for them to use it.

"The state will follow up when it receives allegations of violations. Most frequently, the follow-up would include inspection of subcontractor certifications or documentation of participation in E-Verify. Follow-up could also include referral to immigration authorities."

EO 08-01

EO 08-01 FAQ

Mississippi July 1, 2008

From and after July 1, 2008: All state agencies, departments, and political subdivisions, all employers who have contracts with the State of Mississippi, or with its departments, agencies, political subdivisions, all third-party employers, and any person or company using a third-party employer.

After January 1, 2009: All other employers who do business in Mississippi.

"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
Nebraska October 1, 2009

Public entities, contractors for public projects, and businesses qualifying for state tax incentive programs will be required to verify legal status of newly-hired employees using the federal E-Verify system.

Private employers are not affected, unless they are doing contract work for the state or receiving state economic incentives, but, Gov. Dave Heineman said: "If LB 403 confirms that E-Verify is effective and accurate, I support expanding its use to all private businesses".

Possibly not eligible for state contract work and/or receiving state economic incentives.

LB 403

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 November 1, 2007 - *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

The Rhode Island House of Representatives passed a mandatory E-Verify bill on May 12, 2009. The measure now goes to the state Senate.

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.

The new bill requires also private employers to use E-Verify.

Ineligibility to enter into a state contract(s). Execut. Order No. 08-01 (RI 2008)
South Carolina Jan. 1, 2009

All employers by July 1, 2010.

Act H 4400 requires employers to use E-Verify for all new hires, or only employ workers with valid driver's license from South Carolina or from another pre-designated state.

January 1, 2009:
Public contractors employing more than 500 emplo­yees.

July 1, 2009:
Public contractors with 100 to 499 emplo­yees and all private employers with 100 or more emplo­yees.

January 1, 2010:
Will apply also to the rest of public contractors, regardless of size.

July 1, 2010:
All employers.

Violations may result in a civil penalty of up to $1,000 per violation and the revocation of the business license.

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 -
Lancaster
January 1, 2010

All employers.

Ordinance 934 requires that after hiring an employee, every employer should verify the employment eligibility of the employee through the E-Verify program.

First violation - The city manager shall demand that the employer terminate the employment of all workers hired in violation of this ordinance.

Second violation - The city manager may revoke any license that has been issued to those who hired unauthorized workers.

Ordinance 934

City of Lancaster News

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
NC -
Alamance County
February 1, 2010

Contractors and subcontractors.

"The contractor shall use the E-Verify system established and maintained by the United States Department of Homeland Security to ensure that all contractor and subcontractor employees meet the employment eligibility requirements as set forth in the federal laws, rules and regulations and further that the contractor and subcontractor shall maintain E-Verify records and make them immediately available upon the written request of Alamance County."

Contractors and subcontractors who fail to use E-Verify could be barred from future county projects.

Addendum to county contracts

OR -
Columbia
County
Originally February 2, 2009.
On January 30, 2009 Columbia County Circuit Court Judge Ted E. Grove issued a preliminary injunction that will prevent Measure 5-190 from taking effect on February 2, 2009. The injunction will prevent Columbia County from enforcing Measure 5-190 until a final decision is reached.

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

WA -
Pierce County
October 6, 2009

Ordinance No. 2009-74s of the Pierce County Council requires Contractors and Business Entities Contracting with the County to Participate in the E-Verify Program.

Under this obligation are those seeking road or other county public works contracts worth more than $100,000. Those applying for any other contract worth more than $25,000 must do the same.

Ineligibility to enter into a Pierce County contract(s). Ordinance 2009-74s

States with Laws Emphasizing Employment Verification

State Effective Date Employers Impacted Law Description Official Link
Illinois January 1, 2010 All employers can now voluntarily use E-Verify.

Act 096-0623

Illinois Employers are not anymore prohibited from enrolling in the E-Verify Program, they can voluntarily use it.

The Right to Privacy in the Workplace Act 096-0623 nevertheless stipulates that prior to choosing to voluntarily enroll in the E-Verify Program, employers are urged to consult the Illinois Department of Labor's website for current information regarding the accuracy of the program. Additionally, employers are encouraged to review and understand their legal responsibilities relating to the use of the E-Verify Program.

Public Act 096-0623 also requires an employer using the E-Verify Program to attest on this form.

Act 096-0623
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.

SB 562

Louisiana June 23, 2006

All employers with more than 10 employees.

SB 753

An agency, department, board or commission of the state or any political subdivision may notify the attorney general or the district attorney that the agency has determined, after an investigation initiated by the agency or by a private party's written complaint to the agency, that an employer who operates a Louisiana business or enterprise is knowingly employing an undocumented alien.

Any employer who is found by the court to have violated a cease and desist order of the attorney general or district attorney contractor is subject to penalties of up to $10,000.

SB 753
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 July 10, 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 a 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.

HB 2319
Tennessee January 1, 2008

All employers.

HB 729

Tennessee employers that knowingly hire illegal immigrants or fail to adequately check their status of illegal immigrants could have their business license suspended for 1 year.

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
 

DISCLAIMER: The information contained on this chart and map are intended to educate members of the public generally and is not construed as legal advice, either implied or expressed. This information is subject to change without notice. For legal advice, consult an attorney experienced in employment and/or immigration law matters.

 
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