State E-Verify Laws: An Employer Reading List

Following the recent Supreme Court ruling that states could mandate employment verification, the number of states requiring the use of E-Verify – the US Government’s online system for verifying work authorization – continues to grow. For your reference, a roundup of recent updates on E-Verify from lawyers and law firms on JD Supra.

Ready or Not, Here They Come: State E-Verify Laws and What Employers Should Know (Morrison & Foerster):

“Just as the nation’s unemployment rate has risen to new levels, so has public pressure on the government to curb employment of undocumented workers. Several states have responded to illegal employment by passing laws that require employers to use a federally created Internet-based program called E-Verify. This electronic verification system allows employers to verify that new hires are authorized to work in the United States by comparing information from employees’ Form I-9s with records maintained in federal databases.” Read more»

It’s Time to Try E-Verify (Venable LLP):

“Originally implemented in 1997, E-Verify is an internet-based free program operated by the Department of Homeland Security that provides employers with a way to verify an employee’s work-authorization status. It compares information from an employee’s I-9 form to data from federal records and informs the employer whether it matches up. In the case of a mismatch, the employer is alerted and the employee is allows to continue working while the problem is resolved, provided that they must contact the appropriate agency to resolve the mismatch within eight (8) work days.” Read more»

E-Verify Helps in Dealing With Immigration Issues (Fox Rothschild):

“Some immigration hawks advocate deporting all of the estimated 12 million undocumented aliens in the country. If Department of Justice calculations are accurate, the cost could approach an eye-opening $30.7 billion, with removal from the United States costing the government $25,553 per person. That approach to immigration enforcement is neither subtle nor sensible. … E-Verify, a program on the books for 15 years, is one way the government verifies employment authorization of newly hired workers. Once an obscure immigration offering, the program increasingly is being deployed as an internal enforcement weapon in the arsenal against unauthorized workers.” Read more»

State Requirements

Alabama Enacts Comprehensive Immigration Law (Fisher & Phillips LLP):

“On June 9, 2011, Gov. Robert Bentley signed into law the Beason-Hammon Alabama Taxpayer and Citizen Protection Act described as the toughest immigration law in the country. … The law echoes federal law by requiring that Alabama employers shall not knowingly employ, hire, or continue to employ an unauthorized alien. Knowing violations of this requirement could result in a three-year probationary period, termination of every unauthorized alien, and suspension or revocation of the business licenses and permits.” Read more»

Georgia Requires E-Verify, Cracks Down On Illegal Immigration (Constangy, Brooks & Smith, LLP):

“Georgia recently enacted the Illegal Immigration Report and Enforcement Act of 2011, which, among other things, requires employers with more than 10 employees to use E-Verify, a federal electronic work authorization program administered by the U.S. Department of Homeland Security and the Social Security Administration. The law also provides new, harsh penalties for illegal immigrants and those who hire or help them.” Read more»

Georgia’s Immigration Crackdown Phases in E-Verify Requirements for Private Employers (Bryan Cave):

“Among its changes to Georgia’s current immigration enforcement scheme, IIREA mandates that private employers in Georgia (as small as 11 employees) register and use the Department of Homeland Security’s web-based employment verification system, E-Verify, to confirm new hires’ employment eligibility. IIREA also expands provisions in the Georgia Security and Immigration Compliance Act of 2006 that require state and local government contractors and subcontractors to comply with E-Verify.” Read more»

Georgia’s New Immigration Law Mandates Electronic Government Verification For New Hires (Miller & Martin PLLC):

“The law gives law enforcement officers the right to check the immigration status of a suspect if (a) the officer has probable cause to believe the individual has committed a “criminal offense” and (b) the individual is unable to produce a valid ID. Police also may arrest such individuals and transport them to state and federal jails. The law also creates criminal penalties under state law for harboring undocumented aliens and makes it a felony to use fraudulent documents to obtain employment.” Read more»

Indiana Gets Tough On Employers Of Illegal Aliens (Fisher & Phillips LLP):

“Under the law, the State may sue employers, who do not use E-Verify, to recover unemployment insurance benefits paid to a worker employed on or after July 1, 2011, who the employer knew was not authorized to work in the U.S. If the State prevails in this civil action, it also may recover reasonable attorneys’ fees and costs. This law also includes adverse tax consequences for employers of illegal aliens, if the employers are not using E-Verify.” Read more»

South Carolina And North Carolina Enact New Employment Verification Requirements (Nexsen Pruet, PLLC):

“If the employer does not sign the affidavit, the employer will be placed on probation for a year, during which time the employer will be required to submit quarterly reports demonstrating compliance. After July 1, 2012, if an employer commits a first offense violation, the employer will be placed on probation for a year and will be required to submit quarterly reports.” Read more»

North Carolina Governor Signs E-Verify Law (Fisher & Phillips LLP):

“On June 23, 2011, Governor Beverly Perdue signed a bill into law requiring all cities, all counties, and private employers of a certain size in North Carolina to use the federal government’s E-Verify program to verify the work authorization of newly-hired employees. The law is titled, ‘An Act To Require Counties, Cities, And Employers To Use The Federal E-Verify Program To Verify The Work Authorization Of Newly Hired Employees.’” Read more»

E-Verify Mandatory in NC for Governments and Businesses with 25 or More Employees (Sands Anderson PC):

“Public universities, community colleges and other North Carolina state agencies are already required to use E-Verify. The new statute applies to municipalities, counties and employers that employ 25 or more employees in North Carolina.” Read more»

New Bill Expands Required Use of E-Verify By North Carolina Employers (Womble Carlyle Sandridge & Rice, PLLC):

“The new North Carolina law will take effect at different times based on employers’ size or type. The E-Verify requirement becomes effective for county and municipal employers on October 1, 2011; employers that employ 500 or more employees on October 1, 2012; employers of 100 or more but less than 500 employees on January 1, 2013; and employers that employ 25 or more but less than 100 employees on July 1, 2013.” Read more»

Is E-Verify Requirement Coming to Pennsylvania Employers? (Duane Morris LLP):

“Currently, there are several pieces of E-Verify legislation working their way through the legislature in Harrisburg. … Pennsylvania will have one of the most comprehensive E-Verify legislative programs in the country if these bills are signed into law…” Read more»

Tennessee Enacts New Employment Authorization Law (Ford & Harrison LLP):

“The Tennessee Lawful Employment Act (‘TLEA’) was signed into law on June 7, 2011, and gives employers the option of either enrolling in the federal E-Verify program or obtaining specific employment authorization documentation from employees.” Read more»

Tennessee Law Imposes Employment Verification Requirements (Miller & Martin PLLC):

“An employer’s obligation to use the I-9 process under federal law will not change, however, the new law will remove the safe harbor protection for employers under current Tennessee law where the lawful verification information is later determined to be false.” Read more»

E-Verify is coming! E-Verify is coming! (To Tennessee) (Laura Woods):

“If you use independent contractors, the contractor must present a valid Tennessee driver’s license, and you must maintain a copy of it. If the contractor has a license from another state, that is acceptable provided it is a state whose issuance requirements are at least as strict as Tennessee’s.” Read more»

Get Ready For E-Verify (Sands Anderson PC):

“The Court did rule that the IRCA does prohibit states from imposing “civil or criminal sanctions” on employers who hire unauthorized aliens. This is significant because current Virginia law makes it a class 1 misdemeanor under Section 40.1-11.1 for a business to hire unauthorized workers. Under the Supreme Court’s ruling, that provision is now not enforceable.” Read more»


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