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Does Your State Require You to Use E-Verify?

More and more states are requiring employers to use E-Verify to check all newly hired workers’ employment status.  E-Verify is a federal program that allows employers to verify whether an employee is eligible to work in the United States.  The law helps reveal which employers are hiring illegal immigrants.  Arizona, Mississippi, Rhode Island, South Carolina and Utah all require employers to use E-Verify (the laws vary by state as to what size employer must comply with the law).  A number of states, including Colorado, Missouri, North Carolina and Nebraska, require public employers and/or public contractors to use E-Verify. 

Currently, Arizona’s E-Verify law is being challenged in the Supreme Court.  If an employer is found to hire illegal immigrants, the state can take away their business license.  Opponents of the law claim that the state’s action is preempted by Federal legislation.  According to them, Congress created E-Verify as a voluntary program.  In addition, they argue Arizona is using this law to regulate immigration, which is a power reserved for the Federal government. 

Employers in states which require E-Verify should keep a close eye on this case.  Should Arizona’s law be overturned, it is very likely that other states will modify their E-Verify requirements.  However, even if your state does not require E-Verify, it can be a great tool for employers who want to make sure they are hiring employees legally.  So far, the choice remains yours.

Brody and Associates regularly advises management on complying and remaining up to date with state and federal employment laws.  If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.965.0560.