E-Verify Legislation Summary

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.	Bill Text DHS Press Release Regarding Lawsuit Challenging Law DHS: Notice for Illinois Employers About E-Verify US District Court Opinion
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: All public employers and public contractors to confirm the employment eligibility of their new hires using the E-Verify system, and 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)
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.