E-Verify & I-9 News

A new Enforcement Review Board, made up of volunteer citizens will examine complaints from registered Georgia voters about public bodies’ failure to use either the E-Verify system or the federal Systematic Alien Verification for Entitlements database.

This state-sanctioned panel was established in the wake of Georgia’s new immigration and E-Verify law and may threaten Georgia mayors, county commissioners and even business-license clerks with $5,000 fines if found failing to comply with the new law, which took effect on July 1, 2011.

Made up of non-paid members appointed by Governor Nathan Deal, Lieutenant Governor Casey Cagle and David Ralston, speaker of the House of Representatives, the board will have the power to cancel state funding of public agencies it finds have willfully violated the law and levy fines against governments and even individuals. Governor Deal says the panel will begin working in January, 2012.

Beginning in January, the new law requires almost all Georgia companies to use the federal E-Verify system to confirm their employees’ legal eligibility status. Since July 1, the law has required state entities to E-Verify employees and contractors.

Read more in this Bloomberg Article.

As part of a tough new immigration reform bill signed into law by Governor Robert Bentley on June 9, 2011, all Alabama employers, both public and private, must begin using E-Verify when hiring new employees no later than April 2012.

Similar to Georgia and Arizona’s E-Verify law, employers who violate the Alabama E-Verify requirement risk a suspended or revoked business license, or loss of employee expensing for state income tax purposes. Alabama employers should note that the April 2012 E-Verify enforcement date applies to all employers simultaneously. Unlike other state E-Verify rules, the Alabama law does not implement the E-Verify requirement through a phased-in approach where larger employers are required to be the first E-Verify adopters, and then gradually the E-Verify requirement rolls out to smaller employers over time.

It’s worth noting that many consider Alabama’s new law to be one of the toughest state immigration enforcement measures in the country. Also known as the Alabama Taxpayer and Citizen Protection Act, or SB256, the law expands police powers to investigate the immigration status of certain individuals, requires schools to collect student citizenship status information, and penalizes people who knowingly transport or harbor illegal immigrants, including landlords. While these controversial enforcement provisions will likely be challenged in court, the E-Verify requirement is probably one component that will remain intact in light of the fact that a recent Supreme Court decision upheld a similar mandatory E-Verify law in Arizona. In its decision, the Supreme Court pronounced that states can require employers to participate in E-Verify and have the authority to revoke a business license as the penalty for non-compliance.

Full details of the new law can be found here.

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.

To learn more about how I-9 Compliance Software can help you comply with Form I-9 and E-Verify requirements, click here.

The growing patchwork of E-Verify laws continues, with Florida becoming the first state to mandate E-Verify participation in 2011. As one of his first official acts as the newly elected Governor of Florida, Rick Scott signed Executive Order 11-02 requiring state agencies to use the E-verify system to check whether all current and prospective agency employees are  authorized to work in the United States. Furthermore, the Executive Order requires all employers who are state contractors to use E-Verify to check the work eligibility of anyone employed in Florida during the contract term, and anyone (including subcontractors) hired to perform work pursuant to the contract. Below is the excerpt from the Press Release issued by the Governor’s Office:

Executive Order No. 11-02 requires state agencies to use the E-Verify system verify employment eligibility of state employees and contractors.

• All state agencies under the direction of the Governor must use E-Verify system to check employment eligibility of their current and prospective employees.
• Requires state agencies under the direction of the Governor to include in all state contracts a requirement that contractors utilize the E-Verify system to verify the employment eligibility of:
all persons employed during the contract term by the contractor to perform employment duties within Florida; and, all persons (including subcontractors) assigned by the contractor to perform work pursuant to the contract with the state agency.

The Florida State Legislature, which convenes next week, is expected to consider an immigration enforcement bill being drafted by Sen. Mike Bennett and Rep. Bill Snyder that could potentially require all employers in the state to use E-Verify. Stay tuned!

Yesterday, the Pennsylvania House of Representatives overwhelmingly passed two proposals (House Bills 1502 and 1503) that would require certain Pennsylvania employers to verify the employment eligibility of construction and contracted public workers via the E-Verify or Social Security Number Verification Services (NVS) systems.

One bill pertains to public works contractors and their subcontractors doing business with the State and would require verification of their workers’ employment eligibility either through E-Verify (for new hires) or NVS (for existing employees). The companion bill carries the same employment verification requirements for private-sector construction companies “whether or not the work is for a public body or paid for from public funds.” Both bills offer protection to employees who report or participate in an investigation relating to an alleged violation.

If the Senate passes the bills (we will keep you posted), employers who violate these rules could face stiff penalties, including the forfeiture of state licenses or certifications and debarment from state projects.

The growing patchwork of E-Verify laws continues, with Utah and Virginia becoming the first states to pass bills mandating E-Verify participation in 2010. As with previous laws enacted in 2008-2009, these bills require certain employers to use E-Verify to check the work eligibility of new hires. Below is a brief synopsis of the new laws and requirements.

Utah

Utah’s E-Verify law, the Private Employer Verification Act, requires all private employers who employ more than 15 or more employees as of July 1, 2010, to use a “status verification system” to verify the employment eligibility of new employees. The status verification system is broadly defined to include E-Verify, the SSNVS, or another DHS-approved system. Interestingly, the law exempts new hires on the H-2A or H-2B seasonal visas. By observing the law, employers will be shielded from civil liability for the unlawful hiring of an undocumented worker as long as the E-Verify systems indicated he or she was work authorized. Similarly, an employer may not be held civilly liable for the refusal to hire an individual if E-Verify indicated that he or she was not work authorized.

Unlike the federal E-Verify program, employers can also choose to voluntarily register with the state to certify compliance and pay a fee. In a familiar move, Utah also intends to electronically post the list of registered employers on its public website.

Virginia

Virginia’s E-Verify law requires only state agencies to enroll in the E-Verify Program by December 1, 2012 and thereafter begin using the system for all new hires. As originally passed by the House, the bill would have also included public contractors, localities, and employers with 15 or more employees. That version was ultimately pared down to its current form. The Senate also changed the effective date from December 1, 2010 to December 1, 2012. The complete bill history is available online.

On January 1, 2010, new state and local E-Verify requirements will go into effect in Georgia, South Carolina, Illinois, and Lancaster, California.  Here is a quick summary for all employers doing business in these locations :

South Carolina: presently, the South Carolina Illegal Immigration Reform Act requires all employers with 100 employees or more to participate in E-Verify or only hire employees who possess or qualify for a South Carolina driver’s license (or other state license with similarly strict requirements). Starting in the New Year, the law will expand to include all state contractors, regardless of size. By mid-year (July 1), it will cover all employers. For more information regarding state contractor requirements in South Carolina, please visit this link.

Illinois: as of January 1, 2010, employers choosing to voluntarily enroll in E-Verify are urged to consult the Illinois Department of Labor website, which will contain information regarding the accuracy of E-Verify, the financial burden on employers, and their responsibilities. In addition, employers enrolling in E-Verify must complete an attestation form (available here) to indicate that the employer (a) has received E-Verify training materials and that all employees who will administer the program have completed the tutorial; and (b) has posted the required participation and anti-discrimination notices. The new law also creates a cause of action for employees and prospective employees in the event the employer fails to abide by the various E-Verify provisions. The entire law can be viewed here.

Georgia: On January 1, 2010, public employers (city, municipality and county), contractors and subcontractors will be required to post their federally issued E-Verify user identification number and date of authorization to use E-Verify on their website. Covered cities that do not maintain a website must annually publish the identification number and date of authorization in the legal organ for the county. (*O.C.G.A. Section 13-10-91 requires that all public employers register and participate with E-verify). See this page for more information.

Lancaster, CA: Beginning January 1, 2010, businesses operating in the City of Lancaster (California) will be required to use E-Verify for all new hires. The ordinance also states that those who hire unauthorized workers may have their business licenses revoked. For more information, visit this site.

The Greenville News reports that 16 businesses have been cited for violations under South Carolina’s E-Verify law, but almost all have been waived under the law’s provision for first-time offenders. As previously reported, the South Carolina Illegal Immigration Reform Act requires employers with 100 employees or more to participate in E-Verify or only hire employees who possess or qualify for a South Carolina driver’s license (or other state license with similarly strict requirements). The law will expand to include all South Carolina employers in July 2010.

According to yesterday’s article, the SC Department of Labor has been checking up on organizations since July, citing approximately 16 businesses out of 600. The violations spotted are across the map: ranging from a company not having any verification system at all, to not verifying all of the new hires in the required time period, to accepting non-approved documents as proof of employment eligibility.

The citations totaled more than $60,000 in penalties, almost all of which were waived. Lawmakers predict that the state will eventually collect sufficient funds for enforcement from repeat offenders and other willful violators.

An interesting development has surfaced in the Arizona E-Verify lawsuit –the U.S. Supreme Court is now inviting the Solicitor General (SG) to file a brief on the case expressing the views of the federal government, holding open the possibility that the High Court will hear the case. As previously reported, the U.S. Chamber of Commerce and other organizations filed a petition with the U.S. Supreme Court requesting a review of the Arizona E-Verify law, which requires all employers in the state to participate in E-Verify and imposes sanctions on employers who hire unauthorized workers. The petition (Chamber of Commerce, et al. v. Candelaria, et al.) argues that the Arizona statute is preempted by federal law and undermines the “comprehensive scheme” that Congress created to regulate the employment of foreign workers.

The latest docket information on the case can be found here.

The question now is will the SG side with business organizations and argue that federal law preempts state and local encroachment on I-9 and E-Verify? Or will the SG be content to let states and counties continue the patchwork of E-Verify laws and regulations? Stay tuned for more updates!

A new state law goes into effect in Nebraska today, requiring state agencies and employers that receive state or local contracts or tax incentives to use E-Verify to check the employment eligibility of all newly hired employees. How does this law affect your business in Nebraska? Here’s a quick breakdown of the provisions, including links for more information.

State Contractors: Under the new law (LB 403), all agency contracts awarded after October 1, 2009, must contain a provision requiring the contractor (and any subcontractors) to use E-Verify for new employees physically performing services within the State of Nebraska. The Nebraska Department of Labor has included a sample contract provision which you may see in future contracts.

Employers applying for Nebraska tax incentives: Participants in certain Nebraska tax programs must utilize E-Verify for all new hires and prove their participation in order to receive the incentives. More information can be found on the Nebraska Department of Revenue web site.

Public employers (including all state agencies, boards, and commissions) must begin using E-Verify for new hires effective today. As mentioned above, agencies must also include the E-Verify provision when issuing public contracts. For more information on agency obligations, visit the Nebraska Department of Labor web site, where you can download a memo regarding LB 403 implementation.

Today, Los Angeles County supervisors voted to explore requiring local contractors to participate in E-Verify as a condition of doing business with the county. According to the motion agreed to today, the Board will review the E-Verify system and report back in two weeks with recommendations. Los Angeles County is one of the largest counties in the nation, consisting of 88 cities and 10 million residents (as of July 2008). Most of the cities contract with the County to provide a wide array of municipal services.

On the California state level, E-Verify has come under attack by legislators who question its effectiveness and have put forth a bill which would prohibit the state, or a city, county or special district from requiring employers to use E-Verify as a condition of receiving a government contract, applying for or maintaining a business license, or as a penalty for violating licensing or similar laws. The bill (AB 1288) recently passed a Senate vote and now moves back to the Assembly where it was introduced.

In the meantime, E-Verify remains a voluntary program for employers in California. According to the Center for Immigration Studies, California has the second largest  number of employers enrolled in E-Verify at 10,476 as of July 2009. Arizona leads the charge with roughly 31,000 employers enrolled.