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PLEASE NOTE: The following is presented as general educational information. It is not legal advice, either express or implied. Consultation with legal counsel is recommended for all employment law matters. This information is subject to change without notice.

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 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

USCIS Press Release Announcing that E-Verify Rule for Federal Contractors is Effective

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

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
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
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
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.

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, 2015.

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:

  1. All public employers must confirm the employment eligibility of their new hires using the E-Verify system.
  2. All contracts between a public employer and a contractor include a provision requiring the contractor to use E-Verify to confirm the work eligibility of their new employees.
  3. Businesses seeking certain Nebraska business tax incentives to use E-Verify to check the employment eligibility status of new hires. The above requirements are not retroactive in application, therefore current employees and existing contracts are not affected.

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
Utah July 1, 2010 Signed into law March 31, 2010 Utah's Senate Bill 251 requires private employers with 15 or more employees to register with and use a status verification system to verify the federal legal working status of any new employees. It also authorizes the state Department of Commerce to begin publishing a list of businesses participating in E-Verify. Any Utah employer using E-Verify can voluntarily register to be included on the Department of Commerce's list.

The bill was signed by Governor Gary Herbert on March 31, 2010, with the understanding that the bill will be amended so that E-Verify will be voluntary for Utah employers.
Bill Text

Governor's Press Release