E-Verify is an Internet-based system operated by U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration (SSA). E-Verify is currently free to employers and is available in all 50 states. It provides an automated link to federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers. While its usage remains voluntary throughout the country, some states have passed legislation making its use mandatory for certain businesses.
States Requiring the use of E-Verify, and a few who don't (Descriptions of each state below)
UPDATED: February 7, 2011
Alabama
Alabama state legislators plan to introduce E-Verify legislation this year.
Arizona
HB 2779 (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 May 1, 2008.
Arkansas
HB1013 -- HB1013 doesn't require the use of E-Verify for state contractors, but it allows the contractors licensing board to revoke a contractors license if the contractor knowingly hires illegal aliens. State contractors who use E-Verify are protected under the bill.
California
I am shocked! There is actually legislation pending on this!
Colorado
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 is August 6, 2008.
Connecticut -- None, except in the town of Stepford. lol
Delaware
SB15 - SB15, introduced with bipartisan support from State Sens. Booth and Ennis, would require all public employers to use E-Verify to screen new hires. The bill also requires the use of E-Verify for individuals applying for public benefits.
Florida
Executive Order - In January 2011, Gov. Rick Scott signed an executive order requiring all state agencies to use E-Verify. There are also immigration enforcement bills being drafted that would require all employers to use E-Verify.
The Florida Citizens Employment Protection Act would mandate for all employers the use of E-Verify for new hires. The bill would also suspend business licenses for employers who don't sign an affidavit declaring that they have no illegal aliens working for them. The bill is likely to meet resistance at the committee level.
Georgia
The Georgia State Legislature is holding joint hearings on whether or not to mandate E-Verify for all employers in the state. State contractors are already required to use E-Verify.
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.
Hawaii
HB1485 -- HB1485 requires all state contractors and agencies to use E-Verify for new hires. I am personally delightfully surprised with Hawaii.
Idaho
Executive Order - In May, 2009, Gov. Butch Otter signed an executive order requiring all state agencies and contractors to use E-Verify 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 an executive order, with immediate effect, requiring that state agencies participate in the E-Verify system.
Illinois
S1133 - In 2007, HB 1744 temporarily barred Illinois companies from enrolling in any Employment Eligibility Verification System until accuracy and timeliness issues are resolved. Illinois also enacted HB 1743, which created privacy and anti-discrimination protections for workers if employers participating in E-Verify don’t follow the program’s procedures. On August 24, 2009, Illinois enacted S1133, which overturned the E-Verify ban, but prohibited the state or its localities from requiring employers to use an employment eligibility verification system and required businesses to jump through a number of hoops before they can use E-Verify.
Indiana
Sen. Mike Delph is expected to introduce legislation that would mandate the use of E-Verify. A bill introduced by Sen. Delph passed in the state senate in 2010 before stalling in the state house.
Kansas
HB 2026 - HB 2026 would mandate the use of E-Verify for state and local governments as well as companies contracting with the state government. Kansas Secretary of State Kris Kobach, who has assisted other states including Arizona in drafting state-level immigration enforcement legislation, helps the bill's chances, but it could get resistance from the Kansas Chamber of Commerce and newly-elected Governor Sam Brownback.
Kentucky
HB3 - HB3 would require state contractors to check all new hires using E-Verify. Any compnay that contracts with the state and fails to use the system could face a five-year ban of contracting with the state.
State House Speaker Greg Stumbo is working on legislation that would mandate E-Verify for all employers in Kentucky.
Maine
E-Verify bill proposed, but not yet out of committee.
Michigan
Two bills offered by Rep. Dave Agema would require the use of E-Verify. HB 4355 would require state agencies and contractors to use E-Verify. HB 4969 would require employment agencies that refer workers to the state government to use the verification system.
Minnesota
Executive Order - In January 2008, Governor Tim Pawlenty issued an executive order effective, January 29, 2008, stating that all hiring authorities within the executive branch of state government as well as any employer seeking to enter into a state contract worth in excess of $50,000 must participate in the E-Verify program.
However, in Minnesota Executive Orders expire 90 days after the Governor that signed them leaves office. New Minnesota Governor, Mark Dayton, has indicated that he'll allow Pawlenty's Executive Order expire in 2011.
Emmer Amendment - In February, 2009, Rep. Tom Emmer offered and the State House approved an amendment requiring the mandatory use of E-Verify for anyone receiving funds from a $1 billion stimulus bill.
Mississippi
SB 2988 - Passed in 2008, SB 2988 requires public and private employers to participate in E-Verify with a phase in period beginning in 2008 and full participation by 2011. All government agencies and businesses with more than 250 employees were required to comply by July 1, 2008. Companies with 100-250 employees must comply by July 1, 2009, companies with 30-100 employees by July 1, 2010 and the remaining companies by July 1, 2011.
Missouri
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.
Nebraska
L403 - 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.
Nevada
A bill being drafted by Assemblyman Pat Hickey would require all business to use E-Verify and would levy fines and possible revocation of business license for businesses that knowingly hire illegal aliens.
Secretary of State Ross Miller has also proposed that all state agencies be required to use E-Verify.
New Hampshire -- None. Shame on my home state.
Jew York -- None. Figures, doesn't it?
North Carolina
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.
Oklahoma
HB 1804 (Oklahoma Taxpayer and Citizen Protection Act) - Passed in 2007 and made effective on November 1, 2007, HB 1804 requires public employers, contractors and subcontractors to participate in E-Verify and requires income tax withholding for independent contractors who do not have valid Social Security numbers.
Oregon
HB 2806, introduced by Rep. Thatcher, would require state agencies and state contractors to use E-Verify for new hires. HB2973, introduced by Rep. Jenson would require all employers to use E-Verify.
Pennsylvania
Rep. Daryl Metcalfe is one of the leading supporters of immigration enforcement at the state level. He's already introduced legislation to end birthright citizenship at the state level and an Arizona-style enforcement bill. He's also expected to introduce legislation that would require employers to use E-Verify.
Rhode Island
Executive Order - In March 2008, Governor Carcieri issued an executive order requiring executive agencies to use E-Verify; and for all persons and businesses, including grantees, contractors and their subcontractors and vendors to use E-Verify. However, in January 2011, newly-elected Gov. Lincoln Chafee reversed the executive order.
South Carolina
HB 4400 - Passed in 2008, HB 4400 requires the mandatory use of E-Verify for all employers by July 1, 2010. All public employers, private employers with more than 100 employees and public contractors with more than 500 employees were required to comply by January 1, 2009. All private employers must comply by July 1, 2009 and all other all businesses by January 1, 2010.
Tennessee
Rep. Joe Carr is expected to introduce E-Verify legislation.
Texas
Rep. Ken Paxson, who ran for House Speaker in Texas, supports a mandatory E-Verify law. Gov. Rick Perry has made it a priority to end sanctuary city policies, but he hasn't expressed support to mandate E-Verify, and the legislation would receive resistance from business groups in the state.
Utah
SB0251 - Passed in 2010, SB0251 requires all employers with more than 15 employees to begin using E-Verify July 1, 2011. Usage between now and the effective date is voluntary. Companies that utilize legal guest workers do not have to use E-Verify.
SB 81 - Passed in 2008 and made effective on July 1, 2009, SB 81 requires public employers, public contractors and subcontractors to E-Verify and makes it illegal to discharge a lawful employee while retaining an unauthorized alien in the same job category.
Vermont -- Considering they were the first to pass Gay Civil Unions, no surprises here.
Virginia
HB737 - Passed in 2010, HB737 requires all state agencies to begin using E-Verify by December 1, 2012.
HB 1727 (Virginia Fair Employment Act) would require all state contractors, state agencies, and private employers with 15 or more employees to use E-Verify.
Washington
Respect Washington is a grassroots initiative in Washington to end illegal immigration by eliminating the magnets that foster it.The I-1122 ballot initiative would require all Washington businesses, public and private, to use E-Verify. If the petition gathers enough signatures, the initiative will be placed on a statewide ballot in the fall.
HB 1272 - HB 1272 would require all state employment placement offices to use E-Verify to check the status of new hires.
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