![]() of Labor and Employment to notify employers regarding E-Verify including non-discrimination provisions specified in SB 193Ĭreates alternative “Department Program” as alternative to E-Verify, which includes random checks for compliance. State agencies, contractors required to use E-Verify 09-115).”Ĭontractors and subcontractors prime contractors not liable for subcontractor complying with E-Verify unless they know of the violationĪll contractors, subcontractors required to use E-Verify, excluding independent contractors The E-Verify program also did not preempt the state: “although Congress had made the program voluntary at the national level, it had expressed no intent to prevent States from mandating participation.” The ruling on the case is “Chamber of Commerce of United States of America v. The Supreme Court, by a 5-3 vote, found that language in IRCA did not preempt the state because it was a licensing law permissible under IRCA. The Immigration Reform and Control Act of 1986 (IRCA) preempts any state or local law from imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized immigrants. Supreme Court upheld Arizona’s 2007 law that required the use of E-Verify by Arizona employers, punishable by suspension or revocation of the employer’s business license. ![]() Minnesota and Pennsylvania require E-Verify for some public contractors and subcontractors. ![]() Eleven states-Colorado, Florida, Idaho, Indiana, Michigan, Missouri, Nebraska, Oklahoma, Texas, Virginia and West Virginia-require E-Verify for most public employers. Nine states-Alabama, Arizona, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Utah-require E-Verify for all employers (Some states have exemptions for small businesses). ![]() Currently, 22 states-Alabama, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia and West Virginia-require the use of E-Verify for at least some public and/or private employers. Department of Homeland Security in partnership with the Social Security Administration. E-Verify is a voluntary internet-based program to help employers verify the work authorization of all new hires. ![]()
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