State Laws
In recent years, many states have been joining the ranks of immigration enforcement. More specifically, many states have adopted legislation which requires E-Verify participation. The rules of each state vary. Some require only public employers or state contractors to use E-Verify. Others require all employers doing business in the state to participate in E-Verify. In many cases, the penalty for non-compliance is the revocation of a company’s business license. Therefore, cautious employers are keeping watch on events at the state level as well.
Select Your State to View Your Specific Laws
Alabama
As of April 1, 2012, every business entity or employer in the state of Alabama will be required to enroll in E-Verify. Failure to do so is a violation of state law. Penalties may include suspension or revocation of an entity's business license or permit.
Alaska
No Action
Arkansas
No Action
Arizona
Law
HB 2779
Key Provisions
- All employers must verify new hire using Everify
- Everify creates a rebuttable preseumption that employer did NOT knowingly or intentionally employ an unauthorized alien
- First-Time violators are subject to 3-5 year probation and business license suspended up to 10 days
- Subsequent violations may lead to permanent revocation of business license
Effective Date: 1/1/2008
California
Majority of State
No Action
City of Lancaster
Law
ORD. 934
Key Provisions
Every employer with one or more employees transacting business in city of Lancaster must use E-Verify
Effective Date: 1/1/2010
City of Temcula
Law
ORD. 10
Key Provisions
All businesses licensed by the city are required to E-verify
Effective Date: 1/1/2011
Colorado
Law
HB 1343
Key Provisions
- Prohibits State Agency from contracting with an employer who knowingly hires illegal aliens or who knowingly subcontracts with a subcontractor who knowingly hires illegal aliens; and
- Each contractor must certify that it does not knowingly hire illegal aliens and that it has participated or attempted to participate in Basic Pilot
Effective Date: 8/9/2006
Law
HB 1017
Key Provisions
- All employers must attest that documents confirming employment eligibility were examined and the employer has not knowingly hired an unauthorized worker within 20 days of hire; and
- Employers must retain a photocopy of the documents presented by the employee
Effective Date: 1/1/2007
Connecticut
No Action
Washington DC
No Action
Delaware
No Action
Florida
Majority of State
No Action
City of Bonita Springs
Law
ORD. 9-04
Key Provisions
Vendors and Contractors, as a condition of the contract with the city, must E-Verify employees
Effective Date: 6/1/2009
Georgia
Law
HB 87
Key Provisions
Private employer with more than 10 employees must E-verify:
500+ employees January 1, 2012
100-499 employees July 1, 2012
11-99 employees July 1, 2013
Effective Date: Cascading from 1/1/2012
Hawaii
No Action
Iowa
Law
SF 562
Key Provisions
- Businesses receiving Economic Assistance are subject to contract provisions requiring jobs to be filled by authorized workers;
- Periodic assurances shall be required
Effective Date: 7/1/2007
Idaho
Law
EO 2006-40
Key Provisions
Calls for State Agencies and State Contracts (even where services performed outside of the state boundaries) to create procedures "to verify and ensure" only workers authorized under state and federal law are employed by the State and its contractors.
Effective Date: 12/31/2006
Illinois
Law
HB 1744; Public Act 095-0138
Key Provisions
As of March 12, 2009, the Federal District Court for the Central District of Illinois has granted the United States' Motion for Summary Judgment against the State of Illinois. Illinois Public Act 95-138 was declared invalid under the Supremacy Clause. Illinois Public Act 95-138 (1/1/08) prohibited the use of E-Verify.
Effective Date: 3/12/2009
Indiana
Law
SB590
Key Provisions
- Disallowing state income tax credits/deductions for unauthorized workers, unless the employer participated in the E-Verify program
- Requires state agencies, political subdivisions, contractors with public contracts, and certain business entities to use E-Verify
- Prohibiting individuals from commencing day labor without completing an attestation required under federal law.
Effective Date: 7/1/2011
Kansas
No Action
Kentucky
No Action
Louisiana
Law
SB 753
Key Provisions
- Cease and Desist Order may be issued if State Agency determines that Louisiana business or enterprise knowingly employs an undocumented worker;
- Failure to comply with order within 10 days may result in writ of injunction filed in District Court;
- Penalties may include $10,000 fine and suspension or revocation of business license.
Effective Date: 6/23/2006
Massachusetts
Law
EO 481
Key Provisions
- Prohibits the use of undocumented workers in the performance of state contracts;
- Contractors must verify that they shall not use undocumented workers and will verify status in compliance with federal law;
- Failure to comply is a material breach of the contract and may subject Contractor to sanctions including monetary fines, withholding of payments, contract suspension or termination.
Effective Date: 2/23/2007
Maryland
No Action
Maine
No Action
Michigan
Majority of State
No Action
Oakland county
Law
MR 09116
Key Provisions
Requires County contractors to participate in E-Verify
Effective Date: 10/1/2009
Minnesota
Law
Appropriations Bill 11-3590
Key Provisions
All employers who perform state contracts for services must verify new employee’s work authorization for all state contracts that are worth more than $50,000, and they must use federal government’s E-Verify program to ensure the employment eligibility of new employees.
Effective Date: 07/21/2011
Law
EO 08-01
Key Provisions
- State agencies must use E-Verify;
- State Contracts in excess of $50,000 must be given to vendors in compliance with federal laws;
- Calls for contracts to require certification from Contractors and Sub-contractors that they have are in the process of implementing E-Verify for all newly hired employees;
- Calls for contracts to terminate and/or Contractor become debarred if found to have knowingly employed ineligible workers in violation of federal laws.
- Recipients of business subsidy agreements must E-Verify
Effective Date: 1/22/2008
Missouri
Law
EO 07-13
Key Provisions
- State Contractors must certify employees performing work on state contracts are eligible to work in the U.S.;
- Each state agency shall audit contractors to determine work eligibility of employees performing contracted services;
- Employing person who is not eligible to work is a breach of contract;
- Contract may be suspended or revoked, and/or Contractor may be ineligible for future contracts.
Effective Date: 3/6/2007
Law
HB1549T
Key Provisions
- Public employers required to everify;
- Private employers may everify. Those who do receive an affirmative defense against violation of law;
- State contractors/grantors with contracts/grants valued at $5000 or more or recipient of tax abatement or credit shall affirm enrollment in everify by sworn affidavit.
Effective Date: 1/1/2009
Mississippi
Law
SB 2988
Key Provisions
- E-Verify new hires;
- Compliance dates stair-stepped by size and status
Effective Date:
State Contractors, E-Verify by 07/01/2008;
Employers with 250+ employees, E-Verify by 07/01/2008;
100 - 249 employees, E-Verify by 07/01/2009;
30 to 99 employees, E-Verify by 07/01/2010;
Less than 30 employees, E-Verify by 07/01/2011
Montana
No Action
North Carolina
Law
SB 1523
Key Provisions
All state agencies must E-Verify all employees hired on or after January 1, 2007, except for employees of local education agencies hired on or after March 1, 2007.
Effective Date: 1/1/2007
Law
H.B. 36
Key Provisions
All cities, counties, and businesses in the state employing 25 workers or more must use E-Verify by the applicable date:
- October 1, 2012 – For employers that employ 500 or more employees.
- January 1, 2013 – For employers that employ 100 or more but less than 500 employees.
- July 1, 2013 – For employers that employ 25 or more but less than 100 employees.
- Agricultural companies hiring seasonal workers for 90 days or less during a 12 consecutive month period will be exempt.
All counties and municipalities in the state must use E-Verify, and each county and municipality shall register and participate in E-Verify to verify the work authorization of new employees hired to work in the U.S.
Effective Date: see above
North Dakota
No Action
Nebraska
Law
LB 403
Key Provisions
Public employers and public contractors (for contracts awarded after the effective date) required to enroll and participate in E-verify for employees physically performing work in Nebraska
Effective Date: 10/1/2009
New Hampshire
No Action
New Jersey
No Action
North Mexico
No Action
Nevada
Law
AB 383
Key Provisions
- If the US Attorney General determines a person holding a Nevada business license has engaged in unlawful hiring/employment under 8 USC 1324(a)(e), the Nevada Tax Commission shall hold a hearing to determine whether to take further action against the person;
- Attempts to verify the Social Security number within 6 months of hire may be prima facie evidence that the violation was not willful, flagrant, or egregious;
- Administrative fines may be imposed by the state if person found to be a willful, flagrant or egregious violator.
Effective Date: 10/1/2007
New York
Majority of State
No Action
Putnam County
Law
L.L. No. 4-2009
Key Provisions
Putnam County: licensed contractors required to sign affidavit "only employ legal workers." Also requires the County to use everify for public employees.
Effective Date: 6/1/2009
Ohio
No Action
Oklahoma
Law
HB 1804
Key Provisions
- Public employers must Everify new hires;
- State Contractors physically performing service in the state, to be eligible for contract after 07/01/08, must Everify new hires;
- Discrimination to discharge legal worker while employer knowingly or reasonably should have known employer was employing an unauthorized alien hired after 07/01/08;
- Everify participation from 07/01/08 exempts employer from liability and investigation or suit arising from any action under this section, Section 7. As of May 2009, The U.S. Court of Appeals for the 10th Circuit is reviewing challenges to the legality of certain provisions of HB 1804.
Effective Date: 11/1/2007
Oregon
No Action
Pennsylvania
No Action
Rhode Island
Law
EO 08-01
Key Provisions
- RI Department of Administration shall participate in E-Verify;
- Contractors, vendors, etc., doing business with the State must E-Verify.
Effective Date: 3/27/2008
South Carolina
Law
SC H 4400
Key Provisions
Public employers must E-Verify; 2) State Contractors, Subs, and SC private employers must a) everify b) verify with SC Drivers License or c) verify with other state Drivers License where requirements for licensure are at least as strict as SC. For a list of states whose requirements for licensure are at least as strict, visit http://www.llr.state.sc.us/immigration/ or www.scdmvonline.com.
Effective Date: 7/1/2010
Law
S.B. 20
Key Provisions
Employers may no longer confirm new employees’ employment authorization with a driver’s license or state I.D. card. All employers must register and participate in the U.S. Department of Homeland Security’s E-Verify system beginning January 1, 2012, and all employers must verify the legal status of all new employees through E-Verify within 3 business days of hiring. Failure to enroll and use E-Verify to verify new hires will result in probation for the employer or suspension/revocation of the employer’s business licenses.
Effective Date: 01/01/2012
South Dakota
No Action
Tennessee
Law
HB 0111
Key Provisions
- Prohibits State Agency from contracting with an employer who knowingly uses the services of illegal immigrants; and
- Each contractor must certify that he will not knowingly use the services or subcontract with an entity who knowingly uses the services of illegal immigrants;
- Penalty for knowingly using services of illegal immigrants is one year prohibition on submitting bids and contracting with the state.
Effective Date: 1/1/2007
Law
EO 41
Key Provisions
- Supports HB 111 above;
- Requires semi-annual certifications from Contractor and Subcontractors and must be maintained for at least two years for purposes of audit and inspection by the State.
Effective Date: 9/6/2006
Law
SB 0903 / HB 1274
Key Provisions
Individual Taxpayer Identification Number (ITIN) numbers are not acceptable as proof of work eligibility
Effective Date: 5/24/2007
Law
SB 202 / HB 729
Key Provisions
- Duplicates Federal requirements for establishing work eligibility; however, provides 14 days within which to comply;
- E-Verify within 14 days of hire is safe-harbor;
- Penalties: 1st violation, business license suspended until Commissioner is satisfied no unauthorized workers remained employed; 2nd or subsequent violation within 3 years of first offense will result in one year suspension of business license.
Effective Date: 1/1/2008
Law
H.B. 1378
Key Provisions
Employers must either request and maintain a copy of one of certain identification documents, such as a driver’s license, or, alternatively, to enroll in the E-Verify program for employees. Employers must also request and maintain a copy of one of certain identification documents for independent contractors to show lawful presence in the U.S.
This law provides a safe harbor for employers who use the E-Verify program to verify the status of an employee if the employee is later found to be in the country illegally.
Phase-in by the following applicable dates:
- January 1, 2012 – For employers with 500 or more employees.
- July 1, 2012 – For employers with 200 to 499 employees.
- January 1, 2013– For employers with 6 to 199 employees.
- The law will not apply to employers with five or less employees.
Effective Date: 01/01/2012
Texas
Law
HB 1196
Key Provisions
- Requires businesses seeking subsidies or tax abatements to certify that business does not and will not employ unauthorized aliens;
- If business is subsequently convicted of IRCA violation, business must repay benefit with interest
Effective Date: 9/1/2007
Utah
Law
SB 81
Key Provisions
Requires public employers and state contractors performing work physically within the state to register and use E-verify.
Effective Date: 7/1/2009
Law
SB 39
Key Provisions
Requires all employers with 15+ employees to use E-verify.
Effective Date: 7/1/2010
Virginia
Law
HB 737
Key Provisions
Requires state agencies to use E-Verify
Effective Date: 12/01/2012
Vermont
No Action
Washington
Majority of State
No Action
Clark County
Law
County Code
Key Provisions
Contractors on contracts worth more than $1million to register and use E-Verify
Effective Date: 9/24/2009
Pierce County
Law
ORD No. 2009-74s
Key Provisions
County agencies and County contractors with contracts valued at $25,000* or more are required to E-Verify. (*$100,000 for road and public works contracts.)
Effective Date: 6/1/2009
City of Lakewood
Law
ORD No. 00492
Key Provisions
City of Lakewood, WA requires Everify participation by contractors for city and city government
Effective Date: 6/1/2009
Wisconsin
No Action
West Virginia
Law
SB 70
Key Provisions
- Prohibits employment of unauthorized workers;
- Knowing employment of unauthorized workers is a Misdemeanor subject to fines and jail time;
- Business license may be suspended or permanently revoked on third offense or offense of falsifying records;
- Wages over $600.00 paid to an unauthorized worker may not be deducted as a business expense.
Effective Date: 7/1/2007
Wyoming
No Action