E-Verify Legislation Summary
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E-VERIFY LEGISLATION SUMMARY
(This page had an update on 12-29-2012)

NOTE:  For those of you sending updates - thanks.  It seems that there are more states and cities that are requiring e-verify than I have listed on this page.  This is a good thing. I will update when I get time...  - Thanks, John Gorena

Some History on I-9 to the E-Verify of the I-9.

  • 1986:  Ronald Reagan's The Immigration Reform and Control Act of 1986 (IRCA) required employers to verify that all newly-hired employees present "facially valid" documentation verifying the employee's identity and his or her legal authorization to accept employment in the United States.  The I-9 form or more properly the Employment Eligibility Verification Form is provided by the federal government for that purpose. Every employee hired after November 6, 1986 must complete an I-9 form at the time of hire.

  • 1996:  Bill Clinton signs Executive Order 12989  That is titled, "Economy and Efficiency in Government Procurement Through Compliance With Certain Immigration and Naturalization Act Provisions"

  • 1997:  Pilot program for E-verify is created and used on a volunteer basis.

  • 2008: George W. Bush Executive Order 13465 which amends EO 12989 - "Economy and Efficiency in Government Procurement Through Compliance with Certain Immigration and Nationality Act Provisions and Use of an Electronic Employment Eligibility Verification System".  This is in conjunction with the Federal Acquisition Regulation (FAR)

  • 2009:  After four postponements, the mandate will be in affect on 09-08-2009 thanks to congress voting on it.  Hopefully it will go into affect.
     

Jurisdiction Effective Date Status Impact Additional Information
Federal September 8, 2009 Executive Order signed by President Bush June 6, 2008. On June 6, 2008, President George Bush amended Executive Order 12989 and directed all federal departments and agencies to require their certain contractors use an electronic employment eligibility verification system designated by the Department of Homeland Security (DHS). On June 9, the DHS designated E-Verify as the verification system that federal contractors must use.

A final rule was published in the Federal Register on Nov. 14, 2008. The final rule directs all federal agencies to require that certain federal contractors and subcontractors begin using the U.S. Citizenship and Immigration Services’ (USCIS) E-Verify electronic employment eligibility verification system beginning Jan. 15, 2009.

After the US Chamber of Commerce, SHRM, and two other organizations filed suit in federal court to set aside the regulation, alleging that it was illegal, the US Department of Justice delayed the effective date of E-Verify for Federal Contractors until Feb. 20, 2009.
     A second extension, to May 21, 2009, occurred after a memo issued by the Obama Administration asked federal agencies and departments to consider extending the effective date of any regulations which had not yet taken effect so the new administration had time to review them.
     A third extension to June 30, 2009, was announced on April 17, 2009.
     A fourth extension, to Sept. 8, 2009, was announced in early June.

Executive Order 12989

DHS press release

USCIS FAQ

USCIS Press Release

Federal Register Final Rule

USCIS: E-Verify for Federal Contractors Extended to May 21, 2009.

Federal Register Notice Announcing Delay to Sept. 8, 2009

State wide requirements (see Independent Cities below)
Arizona January 1, 2008 * Signed into law on July 2, 2007 The new law establishes a safe harbor from sanctions for Arizona employers who participate in the US Department of Homeland Security's E-Verify program. All Arizona employers must participate in E-Verify after December 31, 2007.

*Though it became effective on Jan. 1, 2008, Arizona officials have agreed not to impose penalties for non-compliance prior to March 1.

An initial lawsuit was dismissed on procedural grounds and was re-filed. A federal district court judge dismissed the second lawsuit in February, rejecting claims that the law is pre-empted by federal law and that it denies employers procedural due process. The plaintiffs have appealed the first decision to the U.S. Court of Appeals for the Ninth Circuit and it is expected that the plaintiffs will also appeal the second decision.

Governor’s Press Release

 

Federal judge denies injunction against Arizona immigration law

Arkansas August 1, 2007   Pursuant to Arkansas House Bill 1024 (Act 157), Arkansas state agencies are prohibited from entering into contracts with businesses that knowingly employ or contract with illegal immigrants. Contractors are required to certify that they do not, at the time of certification, employ or contract with undocumented workers. If a contractor uses subcontractors, the subcontractors must also certify that they do not employ any unauthorized workers. Contractors who are found to have employed unauthorized workers may be found in breach of the contract and may be liable to the state for any actual damages incurred. The certification requirements apply to all contractors seeking to enter into a contract with a state agency for professional services, technical and general services, or construction where the value of the contract is $25,000 or more.  
Colorado August 9, 2006 Signed into law July 31, 2006 Requires that employers who have contracts with a Colorado state agency or political subdivision use the Department of Homeland Security's E-Verify program for I-9 employment eligibility verification to verify the status of its newly hired employees. Governor’s Press Release
Georgia July 1, 2007 Signed into law April 17, 2006 Requires public employers and any contractors and subcontractors to a public employer use E-Verify. Employers with 500+ employees must register by July 1, 2007, those with 100+ by July 1, 2008, and all public employers must be registered by July 1, 2009. State Press Release
Idaho   Dec 13, 2006 Executive Order 2006-40 requires the state’s personnel department to ensure that all new state employees have proper work authorization. The state is required to ensure that contracts for services performed for the State in Idaho are with businesses that employ only legal workers. EXECUTIVE ORDER NO. 2006-40
Illinois Law Struck Down By US District Court* Signed into law August 13, 2007 Illinois has taken a unique approach with Public Act 95-0138. The act states “Employers are prohibited from enrolling in any Employment Eligibility Verification System, including the E-Verify (formerly Basic Pilot) program, until the Social Security Administration and Department of Homeland Security databases are able to make a determination on 99% of the tentative non-confirmation notices issued to employers within 3 days, unless otherwise required by federal law.”

*The law was scheduled to take effect on January 1, 2008, but was not enforced after a lawsuit was filed against the state by the DHS. On March 11, 2009, United States District Court Judge Jeanne E. Scott permanently enjoined the state of Illinois from enforcing the law.

Indiana pending   SB 580 - Introduced by Senator Mike Delph, SB 580 would require all businesses to use E-Verify and would impose the nation's strictest penalties for employers found guilty of hiring undocumented workers. The effective date for this bill is September 30, 2009.
UPDATED (2/24/09) - SB 580 passed the Indiana Senate by a vote of 37-13 and will move to the State House for further action
 
Kansas     Law prohibits from knowingly employing illegal aliens. E-Verify recommended for verification of employment eligibility status.  
Minnesota January 29, 2008 Executive Order signed Jan. 7, 2008 Governor Tim Pawlenty issued an executive order 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.

Businesses and individuals applying for state economic incentives will not be required to participate in E-Verify but will have to certify that they do not employ unauthorized workers.

Governor’s Press Release

 

Executive Order in the State Register

Mississippi March 17, 2008 July 1, 2008 Requires employers to use E-Verify, using a phased in approach depending on their number of employees. Employers with 250+ employees must register by July 1, 2008, those with 100-249 by July 1, 2009, those with 30-99 employees by July 1, 2010, and employers with fewer than 30 employees by July 1, 2011. Governor’s Press release

Text of Legislation (SB 2988)

Missouri January 1, 2009 Signed into law July 7, 2008 Requires all public employers to enroll and participate in E-Verify or other federal work authorization program. Also requires 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 to participate in E-Verify or other federal work authorization program.

Enrollment in E-Verify is optional for employers who do not fall into one of the categories listed above. However, participation in E-Verify is considered an affirmative defense to allegations of hiring unauthorized aliens.

Text of Legislation

 

Governor’s Press Release
Nebraska October 1, 2009 Signed by Governor Dave Heineman April 8, 2009. The bill requires:
  1. All public employers and public contractors to confirm the employment eligibility of their new hires using the E-Verify system, and
  2. All contracts between a public employer and a contractor include a provision requiring the contractor to use a federal immigration verification system (E-Verify) to confirm the work eligibility of their new employees.

The above requirements are not retroactive in application, therefore current employees and existing contracts are not affected.

Legislation Text

Governor's Press Release
North Carolina January 1, 2007 Signed into law August 23, 2006 All state agencies, offices, and universities must use E-Verify to ensure that every employee is legally eligible to work. 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. North Carolina Office of State Personnel E-Verify FAQ
Oklahoma November 1, 2007* Signed into law May 15, 2007 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.

*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.
 

Governor’s Statement

 

Bill Text

Text from the Injunction Barring the State from Enforcing the E-Verify law

Rhode Island March 27, 2008 Signed by Governor Donald Carcieri on March 27, 2008 On March 27, 2008, Governor Donald Carcieri signed Executive Order 08-01, requiring:

• The Rhode Island Department of Administration must use E-Verify for all new hires of the Executive Branch and,

• The Department of Administration shall require 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.

Executive Order 08-01
South Carolina Jan. 1, 2009 Signed into law on June 4, 2008 South Carolina requires that employers use E-Verify or other federal work authorization program to verify the employment eligibility of new hires or, only employ workers who possess a valid driver’s license or identification card issued by South Carolina or other state approved by the South Carolina Department of Motor Vehicles.

The law is implemented in three phases:

• Effective Jan. 1, 2009: All public employers and public contractors with 500 or more employees

• Effective July 1, 2009: All private employers with 100 or more employees

• Effective July 1, 2010: All employers must be in compliance

Bill Text

 

Governor’s Press Release
Tennessee Jan. 1, 2008 Signed into law on June 26, 2007 Employers who "knowingly employ, recruit or refer for a fee for employment an illegal alien" are subject to a temporary suspension of their business license; repeat offenders are subject to a one-year suspension. Employers who comply with the requirements of the current I-9 process or who verify new hires through the E-Verify within 14 days of employment are shielded from sanctions. Bill Text
Utah July 1, 2009 Signed into law March 13, 2008 Utah's comprehensive immigration bill (S.B. 81) requires public entities to enroll in E-Verify or another employment verification system to verify the eligibility of their new employees. In addition, public employers may not enter into contracts with contractors unless the contractors register with and use a verification system to verify the work eligibility of their new hires Bill Text
Independent Cities (using E-Verify though their State is not requiring participation).
Mission Viejo, CA July 1, 2007 Effective City ordinance requires that the city and employers with city contracts verify the eligibility of new employees through E-Verify.

Ordinance Text
or the
Copy (PDF)

October 4, 2010 Effective UPDATED: City ordinance requires that the city and employers with city contracts verify the eligibility of new employees through E-Verify. Agenda Report (pdf)
Ordinance 10-280 (pdf)
A resolution of the City Council of the City of Mission Viejo confirming the E-Verify audit process. Resolution 10-56
(20101018) (pdf)
October 2012 Effective A Resolution of the City Council of Mission Viejo in Support of the Rule Of Law and in Support of Electronic Employment Eligibility Verification.
- Resolution 12-63 PDF
- Basically the same information in webpage format - click here..
Resolution 12-63
(OCT 2012)
San Clemente, CA     no data yet but city is referenced in article.  
San Juan Capistrano, CA     no data yet but city is referenced in article.  


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