PLEASE NOTE: The information provided about each state  is presented as educational information only.

It is not legal advice, either express or implied. This information is subject to change without notice and may not be accurate due to changes in the legistration and policy

Effective Date: July 1, 2009

Status: Signed into law March 13, 2008

Impact: Utah's comprehensive immigration bill (S.B. 81) requires public entities to enroll in E-Verify or another employment verification system to verify the eligibility of their new employees. In addition, contractors may not enter into contracts with the state unless they register with and use a verification system to verify the work eligibility of their employees

Effective Date: August 9, 2006

Status Signed into law July 31, 2006

Impact: Requires that employers who have contracts with a Colorado state agency or political subdivision use the Department of Homeland Security's E-Verify program for I-9 employment eligibility verification to verify the status of its newly hired employees.
 

Effective Date: January 1, 2008*

Status: Signed into law on July 2, 2007

Impact: The new law establishes a safe harbor from sanctions for Arizona employers who participate in the US Department of Homeland Security's E-Verify program. All Arizona employers must participate in E-Verify after December 31, 2007.

*Though it became effective on Jan. 1, 2008, Arizona officials have agreed not to impose penalties for non-compliance prior to March 1.

An initial lawsuit was dismissed on procedural grounds and was re-filed. A federal district court judge dismissed the second lawsuit in February, rejecting claims that the law is pre-empted by federal law and that it denies employers procedural due process. The plaintiffs have appealed the first decision to the U.S. Court of Appeals for the Ninth Circuit and it is expected that the plaintiffs will also appeal the second decision

Effective Date: November 1, 2007*

Status: Signed into law May 15, 2007

Impact: HB 1804 requires state and local government agencies and private employers with government contracts to check the immigration status of newly hired employees. Public employers must use the E-Verify beginning Nov. 1, 2007. Contractors have until July 1, 2008 to begin screening newly hired employees.


*On June 4, 2008, the U.S. District Court for the Western District of Oklahoma issued an injunction barring the state from enforcing the state's E-Verify law. The injunction will prevent Oklahoma from enforcing the law until a final decision is reached on whether the Oklahoma law should be invalidated because it is preempted by federal law. Oklahoma has appealed the district court’s decision.
 

Effective Date: January 29, 2008

Status: Executive Order signed Jan. 7, 2008

Impact: Governor Tim Pawlenty issued an executive order stating that 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.


Businesses and individuals applying for state economic incentives will not be required to participate in E-Verify but will have to certify that they do not employ unauthorized
 

Effective Date: July 1, 2008

Status: Signed into Law March 17, 2008

Impact: Requires employers to use E-Verify, using a phased in approach depending on their number of employees. Employers with 250+ employees must register by July 1, 2008, those with 100-249 by July 1, 2009, those with 30-99 employees by July 1, 2010, and employers with fewer than 30 employees by July 1, 2011

Effective Date: Jan. 1, 2008

Status: Signed into law on June 26, 2007

Impact: According to Public Acts, 2007, HB No.729, employers who "knowingly employ, recruit or refer for a fee for employment an illegal alien" are subject to a temporary suspension of their business license; repeat offenders are subject to a one-year suspension. Employers who comply with the requirements of the current I-9 process or who verify new hires through the E-Verify within 14 days of employment are shielded from sanctions

Effective Date: July 1, 2007

Status: Signed into law April 17, 2006

Impact: Requires public employers and any contractors and subcontractors to a public employer use E-Verify. Employers with 500+ employees must register by July 1, 2007, those with 100+ by July 1, 2008, and all public employers must be registered by July 1, 2009

Effective Date: Jan. 1, 2009

Status: Signed into law on June 4, 2008

Impact: South Carolina requires that employers use E-Verify or other federal work authorization program to verify the employment eligibility of new hires or, only employ workers who possess a valid driver’s license or identification card issued by South Carolina or other state approved by the South Carolina Department of Motor Vehicles.


The law is implemented in three phases:

Effective Jan. 1, 2009: All public employers and public contractors with 500 or more employees
 

Effective July 1, 2009: All private employers with 100 or more employees
 

Effective July 1, 2010: All employers must be in compliance

Effective Date: January 1, 2007

Status: Signed into law August 23, 2006

Impact: All state agencies, offices, and universities must use E-Verify to ensure that every employee is legally eligible to work. This statute applies to employees hired on or after January 1, 2007, except for employees of local education agencies hired on or after March 1,

Effective Date: January 1, 2008*

Status: Signed into law August 13, 2007

Impact: Illinois has taken a unique approach with Public Act 95-0138. The act states “Employers are prohibited from enrolling in any Employment Eligibility Verification System, including the E-Verify (formerly Basic Pilot) program, until the Social Security Administration and Department of Homeland Security databases are able to make a determination on 99% of the tentative non-confirmation notices issued to employers within 3 days, unless otherwise required by federal law.”


*The law was scheduled to take effect on January 1, 2008, but now will not be enforced until a lawsuit filed against the state by the DHS is resolved. The state of Illinois legislature is currently considering changes to the law and has requested a 60-day