States With Laws Requiring Mandatory Use Of E-Verify States Laws and E-Verify
Requirements As mentioned, use of E-Verify is voluntary, other than those employers
affected by the federal law mandating use for federal contractors and subcontractors
in all states. However, a number several U.S. states have enacted laws mandating the
use of E-Verify for all employees. The list below provides details about these state laws.
Note this is followed by the short list of states that have passed laws prohibiting the
mandated use of E-Verify.
State E-Verify Law(s)
Effective Date April 1, 2012
HB 56; Beason-Hammon Alabama Taxpayer and Citizen Protection
Act: Passed in 2011, HB 56 is regarded as many as the nation's toughest
immigration enforcement law passed at the state level. HB 56 requires all
businesses, public and private, to begin using E-Verify by April 2012. The
penalty for businesses not complying with the E-Verify mandate is a
suspension of its business license.
Effective January 1, 2008, May 1, 2008
HB 2779 - Arizona Fair and Legal Employment Act: Passed in 2007.
Arizona Fair and Legal Employment Act: Passed in 2007
HB 2779 prohibits employers from knowingly hiring undocumented
workers and requires all employers to use E-Verify, effective January 1,
2008. It was followed up in 2008 with HB 2745, which prohibits
government contracts to any businesses not using E-Verify.
Effective August 6, 2008
HB 1343: Passed in 2006 HB 1343 prohibits state agencies from entering
into contract agreements with contractors who knowingly employ illegal
aliens and requires prospective contractors use E-Verify to ensure legal
work status of all employees. In 2008, SB 193 was passed requiring
contractors with state contracts to use E-Verify. The effective date for SB
193 was August 6, 2008.
Effective Date January 4, 2011
Executive Order 11-02: Executive Order 11-02 requires all Florida state agencies under the direction of the Governor to use
E-Verify to confirm the employment eligibility of all current and prospective
employees (including subcontractors) assigned to perform work pursuant to a
state agency contract, effective January 4, 2011. Executive Order 11-116, January
4, 2011 issued on May 27, 2011 provides some clarification. The requirement
forstate contractors to use E-Verify applies to "all contracts for the provision
of goods and services to the state in excess of nominal value" in which there
is an express requirement for such use.
Effective Dates July 1, 2007,
July 1, 2008, July 1, 2009, July 1, 2011, July 1, 2013 SB 529: Passed in 2006,
SB 529 requires public employers, contractors and subcontractors with 500 or more
employees to participate in E-Verify for all new employees, effective July 1,
2007. Public employers, contractors and subcontractors with more than 100 employees
(but less than 500) must use E-Verify on or before July 1, 2008 and public employers,
contractors and subcontractors with fewer than 100 employees must use E-Verify
on or before July 1, 2009. HB 87 -The " Illegal Immigration Reform and Enforcement
Act of 2011": Passed in 2011, HB 87 requires all private businesses with more
than 10 employees to use E-Verify. The phase-in began on July 1, 2011 and runs
through July 1, 2013. Two additional laws were passed in 2012 (HB 1027 and HB
742) related to budget and expanded the definition of a business enterprise in the entertainment industry.
Effective Dates May 2009,
December 2006 Executive Orders: In May 2009, Gov. Butch Otter signed Executive Order 2009-10
requiring all state agencies and contractors to use EVerify if they wanted a share
of the state's $1.24 billion from the economic stimulus bill. In December 2006,
Governor Jim Risch also issued Executive Order 2006-40, with immediate effect,
requiring that state agencies participate in the E-Verify system.
Effective Date 2011
SB 590: Passed in 2011, SB 590 requires state and local agencies and state and
local contractors to use E-Verify. The bill also requires private employers to
use E-Verify in order to qualify for certain tax credits on their state income taxes.
HB 342/HB 646: Passed in 2011, HB 342 requires all state and local
contractors to use E-Verify. HB 646 requires private employers to either use
E-Verify or check multiple forms of identification from the new hire, which must
be kept on file. The bill states that employers that chose to use E-Verify to
check the status of new hires have acted in "good faith" and are protected from prosecution.
Effective Date 2012
HB 5365: Passed in 2012, required mandatory use of E-Verify for contractors and sub-contractors
of the Transportation Department for work involving maintenance, engineering, and construction services.
Effective Date July, 2011
SB 2988: Passed in 2008, SB 2988 requires public and private employers to participate in E-Verify with
full participation by July 2011.
Effective Date 2008
HB 1549: Passed in 2008, HB 1549 requires all public employers to use E-Verify. If a court
finds that a business knowingly employed someone not authorized to work, the company's
business permit and licenses shall be suspended for 14 days. Upon the first violation,
the state may terminate contracts and bar the company from doing business with
the state for 3 years. Upon the second violation, the state may permanently debar
the company from doing business with the state.
Effective Date October 1, 2009
L 403: Passed in 2009, LB403 requires state and local governments and contractors
to use E-Verify effective October 1, 2009. The bill also includes incentives for
private employers to use E-Verify.
Effective Date: January
1, 2007, March 1, 2007, October 2012 - July 2013. SB 1523: Passed in 2006, SB
1523 requires all state agencies, offices, and universities to use E-Verify. The
law applied to all employees hired after January 1, 2007 except for local education
agencies which was March 1, 2007. HB 36: Passed in 2011, HB 36 requires all employers
with more than 6 employees to use E-Verify. The phase-in period begins in October
2012 and runs through July 2013. Seasonal workers are not required to be verified
Effecrtive Date November 1, 2007
HB 1804 "Oklahoma Taxpayer and Citizen Protection Act": Passed in 2007 HB 1804 requires public
employers, contractors and subcontractors to participate in E-Verify and November 1, 2007
US. States with Laws Prohibiting Mandatory E-Verify Use
Here is the short list of states that have passed laws prohibiting the mandated use of E-Verify.
9 AB 1236-The Employment Acceleration Act of 2011: In October 2011, Governor
Jerry Brown signed AB 1236 into law. The law prohibits the state, or a city,
county, city and county, or special district, from requiring an employer other than
one of those government entities to use an electronic employment verification system
except when required by federal law or as a condition of receiving federal funds. The
law took effect January 1, 2012.
9 HB 1774: HB 1744 bars Illinois companies from enrolling
in any Employment Eligibility Verification System until accuracy and timeliness
issues are resolved. 9 HR 1743: Illinois also enacted HB 1743, which creates privacy
and anti discrimination protections for workers if employers participating in
E-Verify don't follow the program's procedures. 9 S1133: On August 24, 2009, Illinois
enacted S1133 prohibiting the state or localities from requiring employers to
use an employment eligibility verification system.