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Federal contractors and subcontractors are required to use E-Verify for all employees working directly on any federal contract of $3,000 or greater are authorized to legally work in the United States. Effective since September 8, 2009.
Penalties: Ineligibility to receive and/or loss of federal contracts.
Legislation: Executive Order 13465. Amends Executive Order 12989.
Proposed legislation would amend the Federal National Mortgage Association Charter Act and the Federal Home Loan Mortgage Corporation Act to prohibit the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation Act (Freddie Mac) from purchasing a single-family housing (1-to-4 family residence) mortgage unless the identity and work eligibility of the mortgagor has been confirmed by an inquiry made through the basic pilot E-Verify.
Proposed legislation: HR 4744 (E-Verify Loan Origination Act of 2010)
All Arizona state employers are required to use E-Verify and are prohibited from knowingly hiring undocumented workers. HB 2779 effective January 1, 2008, followed by HB 2745 which prohibits government contracts to any businesses not using E-Verify, effective since May 1, 2008.
Penalties: Temporary AZ business license suspension for 10 days (First Offense); Permanent AZ busi??ness license suspension (Second Offense).
Legislation: HB 2779 (Arizona Fair and Legal Employment Act) and HB 2745.
Lancaster, CA
Every employer in Lancaster is required to use E-Verify to confirm the employment eligibility of each newly hired employee (not including independent contractors), effective January 1, 2010.
Penalties: First violation - The city manager shall demand that the employer terminate the employment of all workers hired in violation of this ordinance. Second violation - The city manager may revoke any license that has been issued to those who hired unauthorized workers.
Legislation: Ordinance 934.
Mission Viejo, CA
The city and any requested employers with city contracts with a value exceeding $30,000 are required to use E-Verify to confirm the eligibility of any new hires, effective since July 1, 2007.
Penalties: Ineligibility to enter into a city contract(s).
Legislation: Ordinance 07-260.
Colorado
All Colorado state agencies are prohibited from entering into contract agreements with contractors who knowingly employ illegal aliens (HB 1343), effective since August 8, 2007. Prospective contractors are required to use E-Verify to ensure legal work status of all employees (SB 193), effective since August 6, 2008.
Penalties: Ineligibility to receive contracts for state agencies, departments and instrumentalities of the state. The Colorado Secretary of State???s Office will post the names of vendors using contractors who knowingly employ illegal aliens to perform work on any public contracts for services for the State of Colorado.
Legislation: SB 193 and HB 1343.
Denver, CO
Denver city ordinance requires construction or service contractors vying for city work to use E-Verify to validate new employees' immigration status as a condition of holding a city contract. The firms must also vouch for their existing employees' immigration status before being awarded a contract. (Effective since Oct. 1, 2010).
Florida
Hernando County, FL
Contractors and subcontractors doing business with Hernando County are required to use E-Verify to check the employment eligibility of all new hires, effective May 11, 2010.
Penalties: Possible denial for future country projects.
Legislation: Legislative File 3516.
Georgia
All Georgia public employers, contractors and subcontractors with 500 or more employees are required 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 on or before July 1, 2008 and public employers, contractors and subcontractors with fewer than 100 employees must use E-Verify on or before July 1, 2009.
Penalties: A person who intentionally advises, encourages, hires, counsels, or procures another to commit a crime, may be charged with and convicted of commission of the crime.
Legislation: SB 529.
Idaho
All state agencies and contractors are required to use E-Verify if they wanted a share of the state's $1.24 billion from the economic stimulus bill.
Penalties: Immediate cancellation of the contract, reversion of unspent public funds, and monetary penalties. Every contract by a state agency for a state project or service performed for the State of Idaho shall include appropriate civil penalties for violating this executive order.
Legislation: Executive Order 2009-10 and Executive Order 2006-40.
Illinois
Illinois employers currently enrolled (or upon initial enrollment) in E-Verify are required to sign an official E-Verify sworn attestation form provided by the Illinois Department of Labor (???IDOL?????). The attestation form affirms that the employer has received the requisite E-Verify training materials from the U.S. Department of Homeland Security (???DHS?????), and that all employees with access to the company???s E-Verify account have completed mandatory online E-Verify tutorials. It further states that the employer has posted the required legal notices regarding its enrollment in E-Verify and certain non-discrimination procedures. The employer must retain the signed original attestation and proof of its employees??? E-Verify training. Furthermore, the knowing and willful violation of the following prohibited actions can result in significant company fines and petty offense charges for executives and HR managers. These prohibited actions are:
- Failing to display the appropriate E-Verify related notices.
- Allowing an untrained employee to use the E-Verify system.
- Failing to take reasonable steps to prevent an employee from using another's login and password in lieu of completing his or her own E-Verify tutorial with the DHS.
- Using E-Verify on an applicant prior to hiring, or prior to completing the Form I-9 process.
- Terminating or otherwise taking adverse action against an employee prior to a receiving a Final Non-Confirmation (for E-Verify related reasons).
- Failing to notify an employee in writing of a Tentative Non-Confirmation and his/her right to contest it.
- Failing to safeguard the information contained in the E-Verify database and the means of access to it.
Legislation: HB 1744, HB 1743 and SB1133.
Indiana
Proposed legislation would require all state agencies and local governments to use the E-Verify System to check work eligibility status of all newly hired employees and prohibit them from entering into or renewing a public contract unless the contractor and subcontractors verify they do not employ illegal immigrants.
Proposed Legislation: SB 213.
Kansas
(Previously proposed legislation, HB 2541, which would have required all businesses and government agencies in Kansas to use E-Verify, died in committee in 2010.)
Proposed Legislation: HB 2541.
Kentucky
Proposed legislation would require the use of E-Verify for all state contractors. The bill passed the State House on Feb. 10, 2010 and moves to the State Senate for its approval. Contractors who violate the law, if passed, would face a five year ban from government contracts. The bill also includes contractors for local school districts.
Proposed Legislation: HB 321.
Maryland
Proposed legislation would require any employer under a State procurement contract or State grant to verify through the E-verify program the employment eligibility of each employee hired under the contract.
Proposed Legislation: SB 844 and HB 721.
Michigan
Proposed legislation would require that certain employers who contract or subcontract with public agencies to verify the employment eligibility of new employees though the E-Verify system and prohibit personnel agencies from referring an individual to a public agency for hire without first verifying the individual???s employment eligibility through the E-Verify system.>
Proposed Legislation: HB 4355 and HB 4969.
Minnesota
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, effective January 29, 2008. In February, 2009, the State House approved an amendment requiring the mandatory use of E-Verify for anyone receiving funds from a $1 billion stimulus bill.
Penalties: State follow-up inspection of subcontractor certifications or documentation of participation in E-Verify including possible referral to immigration authorities.
Legislation: Executive Order 08-01.
Mississippi
All public and private employers are required to participate in E-Verify with a phase in period beginning in 2008 and full participation by 2011. All government agencies and businesses with more than 250 employees were required to comply by July 1, 2008. Companies with 100-250 employees were required to comply by July 1, 2009, companies with 30-100 employees were required to comply by July 1, 2010 and the remaining companies by July 1, 2011.
Penalties: It shall be a felony for any person to accept or perform employment for compensation knowing or in reckless disregard that the person is an unauthorized alien with respect to employment during the period which the unauthorized employment occurred. Upon conviction, a violator shall be subject to imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years, a fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or both."
Legislation: SB 2988.
Missouri
All public employers are required to use E-Verify.
Penalties: A violating company???s business permit and licenses shall be suspended for 14 days. Upon the first violation, the state may terminate contracts and bar the company from doing business with the state for 3 years. Upon the second violation, the state may permanently debar the company from doing business with the state.
Legislation: HB 1549.
Nebraska
All public contractors and/or their subcontractors and all private employers seeking or doing contract work for the state or receiving state economic incentives and need to verify the legal work status of new employees using the federal E-Verify system. The law also includes tax incentives for private employers to use E-Verify.
Penalties: Loss of eligibility for state contract work and/or receiving state economic incentives.
Legislation: LB 403.
North Carolina
All state agencies, offices, and universities are required to use E-Verify. The law applies to all employees hired after January 1, 2007 and to local education agencies since March 1, 2007.
Legislation: SB 1523.
Alamance County, NC
Contractors and subcontractors doing business with Alamance County are required to use E-Verify to check the employment eligibility of all new hires, effective since February 1, 2010.
Penalties: Possible denial for future country projects.
Legislation: Addendum to County Contracts.
Oklahoma
All public employers, contractors and subcontractors are required to participate in E-Verify and withhold income tax for independent contractors who do not have valid Social Security numbers.
Penalties: Ineligibility to receive a state contract(s).
Legislation: HB 1804 (Oklahoma Taxpayer and Citizen Protection Act).
Pennsylvania
State law prohibits the use of labor by illegal immigrants on projects financed by grants or loans from the state government. Appropriate federal authorities should be contacted in the event a contractor knowingly employs illegal aliens and continues to accept a state contract.
Proposed Legislation: HB 2319.
Rhode Island
All executive agencies and all persons and businesses, including grantees, contractors and their subcontractors and vendors to use E-Verify.
Penalties: Ineligibility to receive a state contract(s).
Legislation: Executive Order 08-01.
South Carolina
All employers are required to use of E-Verify for all employers, effective since July 1, 2010.
Penalties: Possible civil penalty of up to $1,000 per violation and the revocation of the business license.
Legislation: HB 4400.
Utah
All employers with more than 15 employees are required to begin using E-Verify July 1, 2011. Usage between now and the effective date is voluntary. Companies that utilize legal guest workers do not have to use E-Verify. Public employers, public contractors and subcontractors are required to use E-Verify and it is illegal to discharge a lawful employee while retaining an unauthorized alien in the same job category.
Penalties: Ineligibility to enter into a state contract(s). A private employer may be held civilly liable under state law in a cause of unlawful hiring of an unauthorized alien.
Legislation: SB 0251 and SB 81.
Virginia
All state agencies are required to begin using E-Verify by December 1, 2012.
Penalties: Suspension or revocation of license and additional suspension or termination of any contract(s).
Legislation: HB 737.
Washington
The group Respect Washington has started a signature-gathering effort to put Initiative 1056 on the November ballot. If passed, this initiative would deny driver???s licenses and social services to illegal immigrants; require employers to use the federal E-Verify system to identify them; and mandate that all persons charged with a felony or DUI be checked for immigration status.
Pierce County, WA
Contractors and subcontractors doing business with Alamance County are required to use E-Verify to check the employment eligibility of all new hires, effective since February 1, 2010.
Penalties: Ineligibility for a Pierce County contract(s).
Legislation: Ordinance 2009-74s.
West Virginia
Proposed legislation would require all employers in West Virginia to verify legal employment status of workers by requiring employers to register with and utilize the E-Verify program.
Proposed Legislation: HB 2871.
