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
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 Arizona Fair and Legal Employment Act (HB 2779), enacted in 2007, prohibits employers from knowingly hiring unauthorized workers and requires all employers to use the Basic Pilot Program to verify employment eligibility. It establishes substantial penalties and threatens noncompliant employers with suspension and potential revocation of their business licenses. Effective date Jan. 1, 2008.
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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
Colorado HB 1343 (signed 6/6/2006) prohibits state agencies from entering into contract agreements with contractors who knowingly employ illegal immigrants and requires prospective contractors to verify legal work status of all employees. The contractor must confirm that the Basic Pilot Program has been used to verify the status of all employees. If the contractor discovers that an illegal alien is employed, the contractor must alert the state agency within 3 days.
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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, SB 529, covered employment, enforcement, and benefits and was signed by the Governor on April 17, 2006. The bill requires public employers, contractors and subcontractors with 500 or more employees to participate in E-Verify for all new employees beginning July 1, 2007. The law is phased in for public employers, contractors and subcontractors with 100 or more employees effective July 1, 2008; and for all employers by 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
On December 13, 2006, Governor Jim Risch issued an executive order requiring that state agencies participate in the E-Verify system. Also, all workers employed to the state through contractors must also be from companies that have been verified to have eligible employees.
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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
Governor Tim Pawlenty issued an executive order on Jan. 7, 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. The Executive Order’s effective date is January 29, 2008.
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Mississippi
Mississippi SB2988 (signed 3/17/08) requires public and private employers to participate in E-Verify. The phase-in period is: all government agencies and businesses with more than 250 employees by July 1, 2008; companies with 100 to 250 employees by July 1, 2009; those with 30 to 100 employees by July 1, 2010; and all remaining companies by July 1, 2011. An employer violating the law is subject to the cancellation of public contracts, ineligibility for contracts for up to three years, and loss of business license for up to one year. The law also makes it a felony to accept or perform employment knowing or in reckless disregard of the immigrant’s ineligibility to work, with penalties from one to five years of imprisonment and/or $1,000 to $10,000 in fines.
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Missouri
Signed into law July 7, 2008, effective January 1, 2009.
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.
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Montana
Montana currently has no legislation in place affecting current employers.
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Nebraska
Nebraska currently has no legislation in place affecting current employers.
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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
Signed into law August 23, 2006, effective January 1, 2007.
All state agencies, offices, and universities must use E-Verify, required by SB 1523 in 2006. This applies to employees hired on or after January 1, 2007, except for employees of local education agencies hired on or after March 1, 2007.
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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
The Oklahoma Taxpayer and Citizen Protection Act of 2007 (HB 1804) addressed multiple issues: transporting and harboring, driver’s licenses, public benefits, law enforcement and employment. It made it a felony to transport or harbor unauthorized immigrants, with exceptions for health or benefits guaranteed by federal law. It requires public employers, contractors and subcontractors to participate in a federal electronic employment verification system and requires income tax withholding for independent contractors who do not have valid Social Security numbers. The law became effective Nov. 1, 2007.
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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
On March 27, 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.
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South Carolina
Signed into law on June 4, 2008, effective January 1, 2009.
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 January 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
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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
SB 81 was signed into law 3/13/08. The law address multiple issues, including driver’s licenses, law enforcement, harboring and transporting, public benefits and employment. It requires public employers to register and use the Basic Pilot program for new employees; state contractors must use Basic Pilot effective July 1, 2009. The law makes it a Class A misdemeanor to conceal, harbor, transport or shelter undocumented immigrants, though church, charitable and humanitarian assistance groups are exempted.
Encourages the Use of E-Verify (1)
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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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