Notice to Arizona Employers: Hiring Law Upheld by the Supreme Court
Arizona’s House Bill 2779 - Requiring ALL Employers to verify employment eligibility of New Hires took effect January 1, 2008, and in May 2011, the U.S. Supreme Court upheld its provisions:
On May 26, 2011 in a 5-3 decision, the U.S. Supreme Court in Chamber of Commerce v. Whiting, No. 09-155, upheld the Ninth Circuit’s ruling that the Legal Arizona Workers Act of 2007’s mandatory E-Verify® provision did not conflict with the Immigration Reform and Control Act (“IRCA”) and that the licensing conditions imposed under the law were not preempted by IRCA or Federal Law.
It’s mandatory. This means that every employer in the state of Arizona MUST verify newly hired employees through the Department of Homeland Security’s E-Verify® program (formerly known as the DHS Basic Pilot program) within three (3) days of their hire date or face heavy sanctions or even prosecution.
FEDERAL CONTRACTORS - Effective Date September 8, 2009
Federal Register Final Rule All Federal contractors and their sub contractors (paid over $3,000) will need to use E-Verify® to confirm that all of their new hires and their current employees working directly on federal contracts are authorized to legally work in the United States. The imposed Penalties for Non-Compliance will be: ineligibility to receive and/or loss of federal contracts.
E-Verify is Mandatory in Arizona, Georgia, Mississippi, South Carolina, Utah,
Columbia County (OR), Lancaster (CA)
May 2011 - Georgia passes illegal immigration bill requiring employers to use E-Verify
Georgia Governor Nathan Deal recently signed HB 87, the Illegal Immigration Reform and Enforcement Act of 2011. The “Peach State” is the latest to join the growing list of states that mandate E-Verify compliance for private businesses. The new bill expands on Georgia’s current E-Verify law that only pertains to required state agencies, contractors and subcontractors.
Mississippi. SB2988 (signed 3/17/08)
Requires public and private employers to participate in E-Verify. The phase-in period is: all government agencies and businesses with more than 250 employees by July 1, 2008; companies with 100 to 250 employees by July 1, 2009; those with 30 to 100 employees by July 1, 2010; and all remaining companies by July 1, 2011. An employer violating the law is subject to the cancellation of public contracts, ineligibility for contracts for up to three years, and loss of business license for up to one year. The law also makes it a felony to accept or perform employment knowing or in reckless disregard of the immigrant’s ineligibility to work, with penalties from one to five years of imprisonment and/or $1,000 to $10,000 in fines.
E-Verify® Status Updates in Selected States
The U.S. Supreme Court’s decision on Arizona's E-Verify law gives the green light for other states, whom have not already done so, to pass mandatory E-Verify laws so long as the state law fits within the confines of the Federal Law
May 2011 - Tennessee Lawful Employment Act Requiring E-Verify Use by Employers Passes House Amended with a provision that allows businesses to use a driver’s license as proof the employee is legally eligible to work in the United States, the ‘Tennessee Lawful Employment Act’ (SB 1669 – HB 1378) – a bill that would make employers check new hires using the government’s E-Verify electronic employment eligibility verification system – passed easily in the House and the bill will be taken up by the Senate at any time.
May 2011 - South Carolina Governor: Feds 'get in the way' of enforcing S.C. immigration laws
Officials dispute who gets access to E-Verify files
Gov. Nikki Haley accused federal officials Friday of preventing South Carolina from enforcing a 2008 anti-illegal-immigration law, saying they are denying the state access to electronic records used to verify a worker's eligibility.
Catherine Templeton, the director of the Department of Labor, Licensing and Regulation, said the state has not been able to enforce the law since April 29. As a result, Haley said, the state might lay off its two dozen immigration auditors.
Immigration experts said Friday that it was the first they had heard of problems between state immigration auditors and the federal Department of Homeland Security.
The dispute is over access to federal E-Verify documents, which Haley said are crucial to allowing the state to enforce its 2008 law. Haley said the Department of Homeland Security has denied the state access to those documents and is not answering questions why. Haley sent a letter Friday to Homeland Security director Janet Napolitano about the dispute, which she said began in February.
"They continue to get in the way of me governing this state," Haley said of the federal government. "They can't be serious about illegal immigration if they won't allow us to enforce the law." Read more
Research Etc. is a designated E-Verify Employer Agent with the Department of Homeland Security’s E-Verify Program and will act as your designated agent, taking the stress off of you and saving you valuable time and money. As a licensed private investigation agency, we are also prepared to assist you with all types of pre-employment and background screening.
Research Etc. Offers Our Clients:
A knowledgeable, courteous and professional staff ready to assist you
All required forms and display materials for the everify program
Fast, Reliable Service
Affordable Rates For Small or Large Businesses
Register Online Now– It’s Fast and Easy - Avoid Delays In Your Hiring!
Download PDF registration form everify_app.pdf and fax or email to Research Etc., Inc.
Fax: (480) 367-0119