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Current and Pending Federal and State Requirements

Federal Legislation:

Executive Order signed by President Bush June 6, 2008.

Effective Date: Postponed until September 8, 2009
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 directing 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 has been postponed until September 8, 2009.

State Legislation:

Select a state from the drop down menu or click on a state to view current and pending requirements.

Alabama Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming

Alabama

Alabama currently has no legislation in place affecting current employers.

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Alaska

Alaska currently has no legislation in place affecting current employers.

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Arizona

The Legal Arizona Workers Act provides sanctions (including revocation of business licenses) for employers who knowingly employ an unauthorized alien. Section 23-214 of the Act mandates that employers use the federal government’s E-Verify system for all new hires, effective January 1, 2008. Additionally, Arizona law provides that after September 30, 2008, no government contract will be awarded to any businesses not using E-Verify. There are no specific penalties for failing to use the E-Verify system. However, use of this system creates a rebuttable presumption that the employer did not “knowingly” or “intentionally” hire an unauthorized alien.

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Arkansas

Arkansas has legislation in place affecting current employers:
HB 1024-Act 157 enacted on 2/28/2007

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California

California currently has no legislation in place affecting current employers.

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Colorado

Effective January 1, 2007, Colorado law provides a second tier of potential penalties for employers who hire unauthorized workers and creates an additional attestation requirement during the I-9 process. Additionally, effective August 7, 2006, Colorado law requires that government contractors use E-Verify and obtain certification from subcontractors that the subcontractors will not knowingly employ or contract with unauthorized workers in connection with work under the contract. Potential penalties for violation of this provision include debarment from contracting with the state for 2 years.

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Connecticut

Connecticut currently has no legislation in place affecting current employers.

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District of Columbia

District of Columbia currently has no legislation in place affecting current employers.

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Delaware

Delaware currently has no legislation in place affecting current employers.

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Florida

Florida currently has no legislation in place affecting current employers.

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Georgia

The Georgia Security and Immigration Compliance Act (the “Act”) 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, effective July 1, 2008 and public employers, contractors, and subcontractors with fewer than 100 employees must use E-Verify, effective July 1, 2009.

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Hawaii

HB 1750- Act 052 enacted on May 3, 2007.

Document retention - The employer must keep a written or electronic copy of the identity documents the employee presented in conjunction with the federal I-9 form. The copies must be retained for the term of employment of each employee. Note that federal regulations do not require the retention of the documents presented by an employee in when completing the I-9 form.

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Idaho

Executive Order: In December 2006, Governor Jim Risch issued an executive order, with immediate effect, requiring that state agencies and government contractors participate in the E-Verify system.

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Illinois

Illinois enacted HB 1744, which bars Illinois companies from enrolling in any Employment Eligibility Verification System until accuracy and timeliness issues are resolved. Illinois also enacted HB 1743, which creates privacy and antidiscrimination protections for workers if employers participating in E-Verify don’t follow the program’s procedures.

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Indiana

Indiana currently has no legislation in place affecting current employers.

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Iowa

SB 562 enacted on May 29, 2007.

Businesses that receive state economic development grants must certify that all new employees are authorized to work in the United States enacted 5.29.07, state economic development grants mandate certification of new employment verification. NOTE: ALL businesses receiving EDGs must comply, not just those contracting with the state.

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Kansas

Kansas currently has no legislation in place affecting current employers.

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Kentucky

Kentucky currently has no legislation in place affecting current employers.

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Louisiana

Louisiana currently has no legislation in place affecting current employers.

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Maine

Maine currently has no legislation in place affecting current employers.

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Maryland

Maryland currently has no legislation in place affecting current employers.

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Massachusetts

Executive Order 481 enacted on February 23, 2007.

Prohibits any state agency in the Executive Branch from contracting with businesses that employ unauthorized workers. Any contractor doing business with an Executive Branch agency must certify, as a condition of receiving funds from the State, that it will not use unauthorized workers. Currently, all contracts with such agencies must include a Certification Form that is available from the Commonwealth's Office of the Comptroller.

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Michigan

SB 229 enacted on October 31, 2007.

Requires state agencies to consider a variety of factors when awarding or canceling contracts with private businesses. The state shall consider the immigration and residency status of persons employed by a prospective contractor, and whether the use of non-citizen workers would be detrimental to state residents or the state economy.

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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. Additionally, use of E-Verify is a factor considered in assessment of eligibility for state business subsidies.

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Mississippi

The Mississippi Employment Protection Act 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, public contractors and subcontractors, and businesses with more than 250 employees are required to comply, effective July 1, 2008. Companies with 100-250 employees are required to comply, effective July 1, 2009, companies with 30-100 employees by July 1, 2010, and the remaining companies by July 1, 2011.

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Missouri

Effective January 1, 2009, Missouri law requires government contractors with contracts worth more than $5,000 and entities receiving state tax credits/abatements or loans to use E-Verify. Potential penalties for violations include termination of the contract and debarment from doing business with the state, The law also allows the state to suspend or revoke the business license of any Missouri entity if found to have knowingly hired an unauthorized worker.

Montana

Montana currently has no legislation in place affecting current employers.

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Nebraska

Effective October 1, 2009, Nebraska law requires public employers, state and local government contractors and employers receiving certain state tax incentives to use E-Verify.

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Nevada

AB 383 enacted on 6/2/2007.

Provides administrative fines for those business licensees that are found to employ illegal aliens. This bill also requires verification of an employee's social security number.

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New Hampshire

HB 1278 enacted on May 19, 2006.

Increases existing statute sanction fines from $1,000 to $2,500 for each day of noncompliance; prohibits businesses from employing workers who are not in possession of Form I-151, the Alien Registration Receipt Card or any other work authorization document issued by the United States Immigration and Naturalization Service or the Attorney General. A violation of § 275-A: 4 (employing an undocumented worker) is now punishable by a fine of $2,500 for each day of non-compliance.

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New Jersey

New Jersey currently has no legislation in place affecting current employers.

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New Mexico

New Mexico currently has no legislation in place affecting current employers.

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New York

New York currently has no legislation in place affecting current employers.

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North Carolina

Effective January 1, 2007 (and March 1, 2007 for local education agencies), North Carolina law requires all state agencies, offices, and universities to use E-Verify.

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North Dakota

North Dakota currently has no legislation in place affecting current employers.

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Ohio

Ohio currently has no legislation in place affecting current employers.

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Oklahoma

Oklahoma law requires government contractors to use either E-Verify or another similar system to confirm the employment eligibility of new hires for contracts entered into on or after July 1, 2008. This law was enjoined on June 4, 2008 and the injunction lifted as to the E-Verify provision on February 2, 2010.

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Oregon

Oregon currently has no legislation in place affecting current employers.

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Pennsylvania

HB 2319 enacted on May 11, 2008.

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Rhode Island

Executive Order: In March 2008, Governor Carcieri issued an executive order requiring state agencies and those who contract with the state, including grantees, contractors, and their subcontractors and vendors to use E-Verify.

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South Carolina

Effective July 1, 2010, the South Carolina Illegal Immigration Reform Act requires all employers to either use E-Verify or employ only workers who have a valid South Carolina driver’s license or ID card, are eligible to obtain a South Carolina driver’s license or ID card, or who possess a license or ID card issued by another state with license requirements that are at least as strict as South Carolina’s. All government contractors and subcontractors (defined as those with contracts worth more than $25,000, if with the state, or $15,000, if with a political subdivision of the state) were required to comply, effective January 1, 2010. All employers with 100 or more employees were required to comply, effective July 1, 2009. All government contractors and subcontractors with 500 or more employees were required to comply by January 1, 2009.

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South Dakota

South Dakota currently has no legislation in place affecting current employers.

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Tennessee

HB 729, signed into law on June 26, 2007 and effective January 1, 2008 states that 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.

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Texas

HB 1196 enacted on June 15, 2007.

Requires public agencies, state or local taxing jurisdictions, and economic development corporations to require any application for a public business subsidy to include a written statement certifying that the applicant does not and will not knowingly employ unauthorized foreign workers. The certifying statement must apply to the business applying for the subsidy, as well as all its branches, divisions, and departments. In this context, state law broadly defines public subsidy to include: grants, loans, loan guarantees, benefits relating to an enterprise or empowerment zone, fee waivers, land price subsidies, infrastructure development and improvements designed to principally benefit a single business or defined group of businesses, matching funds, tax refunds, tax rebates, and tax abatements.

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Utah

Effective July 1, 2009, Utah law requires public employers, public contractors, and subcontractors to use E-Verify or a similar system and makes it illegal for any employer to discharge a lawful employee while retaining an unauthorized alien hired after July 1, 2009 working in the state in a similar job category. Effective July 1, 2010, all private employers with 15 or more employees must register for and use a status verification system such as E-Verify or a similar system. There are no penalties for violation of this provision but the law provides a safe harbor from civil liability under state law for hiring or firing an employee as a result of the status verification results.

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Vermont

Vermont currently has no legislation in place affecting current employers.

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Virginia

HB 928 enacted on March 12, 2008.

This bill requires all public bodies and their contractors to register and participate in a federal work authorization program and requires all agencies providing benefits to verify the recipient's immigration status. Further, the bill requires that if an independent contractor fails to provide documentation of the contractor's employment authorization, the contracting entity must withhold state income tax at the top marginal income tax rate from any compensation paid to the contractor.

HB 926 enacted on March 11, 2008.

Provides that the authority of certain business entities, including foreign and domestic corporations, limited liability companies, business trusts, and limited partnerships, to operate in the Commonwealth may be terminated involuntarily or revoked upon the conviction of the business entity for a violation of 8 U.S.C. § 1324a(f) (pattern or practice of hiring or continuing to employ unauthorized workers).

HB 1298 enacted on March 11, 2008.

Requires that all public bodies provide in every contract that the contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

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Washington

Washington currently has no legislation in place affecting current employers.

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West Virginia

SB 70 - Chapter 144 enacted on April 3, 2007.

Bill provides penalties for employing unauthorized workers.

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Wisconsin

Wisconsin currently has no legislation in place affecting current employers.

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Wyoming

Wyoming currently has no legislation in place affecting current employers.

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Updated January 11, 2011

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