E-Verify - State Laws

State Laws

In 2011, the Supreme Court of the U.S. struck down a lawsuit contending that Arizona's law, as a state law, was pre-empted by Federal law, effectively verifying that states may Constitutionally mandate the use of E-Verify. There are several state laws regarding the requirement and prohibition of E-Verify for employers. According to a 2012 survey by the Center for Immigration Studies, 16 states require use of E-Verify in some form. The survey found that six states have laws requiring all or nearly all businesses to use E-Verify to determine employment eligibility: Arizona, Mississippi, South Carolina, Alabama, Georgia, and North Carolina. Five states require use of E-Verify by public employers and all or most public contractors: Indiana, Nebraska, Oklahoma, Virginia, and Missouri. Three states require only public contractors to use E-Verify: Louisiana, Minnesota, and Pennsylvania. Idaho only requires public employers to use E-Verify, while Florida only requires it for agencies under direction of the governor. Tennessee, Colorado, and Utah encourage use of E-Verify, but allow for alternative means of employment verification. An E-Verify-only mandate in Utah is contingent on the state's effort to create a state-level guestworker program. The survey also found that some states have moved in the opposite direction, limiting or discouraging use of E-Verify: California, Rhode Island, and Illinois.