As predicted in my May 2011 blog on the U.S. Supreme Court's decision upholding Arizona's E-Verify mandate, several states have followed suit and mandated E-Verify participation. At the start of this year, E-Verify requirements became effective in Georgia, Louisiana, South Carolina and Tennessee, and all employers in Alabama must implement E-Verify by April 1, 2012.
The number of immigration-related bills introduced across the country in 2011 is astounding. In 2011 alone, state lawmakers in all 50 states and Puerto Rico introduced more than 1,600 immigration-related bills. Of those bills, as of Dec. 7, 2011,42 states and Puerto Rico had enacted more than 300 new immigration-related laws or resolutions.
Of most importance to employers and businesses are the states that enacted laws in 2011 regarding E-Verify participation. According to the National Conference of State Legislatures, 17 states now require E-Verify for public or private employers.
While this list will not remain current for long, employers operating in at least the following states should pay attention to state E-Verify requirements:
- Alabama (passed in 2011) (effective April 2012)
- Arizona
- Colorado
- Florida (2011)
- Georgia (2011)
- Idaho
- Indiana (2011)
- Louisiana (2011)
- Mississippi
- Missouri
- Nebraska
- North Carolina (2011)
- Oklahoma
- South Carolina (2011)
- Tennessee (2011)
- Utah (2011)
- Virginia (2011)
While many states this year enacted laws requiring E-Verify use, a few states moved in the opposite direction. In January 2011, Rhode Island repealed a 2008 executive order requiring use of E-Verify. And, Minnesota's 2008 executive order requiring some state agencies and contractors to use E-Verify expired in April 2011.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
