EMPLOYMENT-RELATED IMMIGRATION LAWS IN THE STATES 

WORKSITE ENFORCEMENT
 
Alabama* (2011) Read the law
  • Prohibits businesses from knowingly employing unauthorized workers.
  • Businesses found to have knowingly hired unauthorized workers after January 1, 2012 face loss of business licenses.
  • Requires employers to use E-Verify for new workers starting January 1, 2012.
  • Makes it a “discriminatory practice” to fire or fail to hire a legal resident when an unauthorized worker is on the payroll.
  • Prohibits unauthorized immigrants from applying to jobs.
  • Prohibits the transport of unauthorized immigrants.

STATUS: Eleventh U.S. Circuit Court of Appeals upheld preliminary injunction against last three provisions.

*See also POLICING MEASURES

 
ARIZONA (2007)* Read the law
  • Requires all employers to use E-Verify.
  • Suspends licenses of businesses found to employ unauthorized workers: ten days for a first offense, permanent revocation for a second.
  • Allows prosecutors to investigate anonymous complaints that businesses are employing unauthorized workers.
  • Holds businesses liable if their contractors hire unauthorized workers.
                 
    * 2008 legislation clarifies that provisions apply only to hires after January 1, 2008.
 
 
ARIZONA (2008) Read the law
  • Clarifies that the 2007 law mandating that all employers use E-Verify applies only to employees hired after January 1, 2008.
  • For businesses with multiple work sites, stipulates that a violation at one site applies only to that location and does not affect other workplaces.
  • Employers who pay workers in cash must comply with state tax-withholding laws and worker-compensation laws or face fines up to $5,000.
 
ARIZONA* (2010) Read the law
  • Requires employers to keep employees’ E-Verify records on file.
  • Makes failure to use E-Verify or failure to keep records of verifications a felony.

*See also POLICING MEASURES


ARKANSAS (2007) Read the law
  • Requires state contractors and subcontractors to certify that workers are authorized.
  • Prohibits state agencies from contracting with businesses that knowingly employ unauthorized workers.


CALIFORNIA (2011) Read the law

  • Prohibits the state and local governments from mandating E-Verify for private employers.
 
COLORADO (2006) Read the law
  • Requires all businesses contracting with the state to use E-Verify.
  • Requires other employers to affirm that employees are authorized to work.
  • Prohibits employers from falsifying employee identification documents.
  • Subjects employers to fines of up to $5,000 for a first offense and up to $25,000 for subsequent offenses.
 
FLORIDA executive order (2011) Read the order
  • Requires state agencies and companies that have contracts with state agencies to use E-Verify.
 
GEORGIA (2006) Read the law
  • Requires public employers and businesses contracting with the state to use E-Verify.
  • On state income tax returns, prohibits employers from deducting as business expenses $600 or more paid to unauthorized workers.
  • Requires employers to withhold from state income tax 6 percent of wages paid to any worker who fails to present a valid taxpayer identification number.

GEORGIA (2010) Read the law
  • Prohibits contractors who do not use E-Verify from working on public projects.
 
GEORGIA* (2011) Read the law
  • Requires businesses with more than ten employees to enroll in E-Verify.
  • Businesses with 500 or more employees must use E-Verify beginning January 1, 2012, businesses with between 100 and 500 employees must use E-Verify beginning July 1, 2012, and businesses with between ten and 100 employees must use E-Verify beginning July 1, 2013.
  • Requires use of E-Verify before a business can obtain a business license or renewal.
  • Makes it a felony to present false documents or information when applying for a job.

*See also POLICING MEASURES

 
HAWAII (2010)  
  • Revokes and suspends business licenses of construction contractors who knowingly hire unauthorized workers.
 
IDAHO executive order (2008)
  • Requires the state to develop procedures to ensure that all public employees are authorized to work and all businesses contracting with the state hire only authorized workers.
 
IDAHO executive order (2009)
  • Requires all state agencies and contractors to use E-Verify.
 
ILLINOIS (2007) Read the law
  • Prohibits employers from using E-Verify until it can be certified that the Social Security Administration database is 99 percent accurate.

STATUS: U.S. District Court ruled the law invalid.

 
ILLINOIS (2009) Read the law
  • Prohibits the state and localities from requiring employers to use E-Verify.
 
INDIANA (2011) Read the law
  • Requires all state agencies and local government agencies to use E-Verify.
  • State agencies may renew contracts only with employers who use E-Verify and sign an affidavit affirming that they do not knowingly employ unauthorized workers.
  • Prohibits state agencies and local governments from awarding a grant of more than $1,000 to any business that does not use E-Verify.
  • Prohibits a business that knowingly hires unauthorized workers from deducting expenses associated with those employees in the calculation of its state income taxes.
 
KANSAS (2010)
  • Makes it a misdemeanor to knowingly employ an unauthorized worker.
 
LOUISIANA (2011) Read the laws mandate for private employers, for contractors
  • Prohibits hiring unauthorized workers.
  • Penalties are $500 per worker for first violation, $1,000 per worker for second violation and $2,500 per worker and at least 30-day revocation of business license for a third.
  • Employers who use E-Verify or specified documents to verify employees' immigration status are not subject to penalties.
  • Requires public contractors and subcontractors to use E-Verify for employees working on contracts entered into after January 1, 2012.
  • Contractors not using E-Verify can be barred from contract work for up to three years.
  • Contractors whose work is canceled because they are not using E-Verify will pay any additional costs incurred by the government.
 
MINNESOTA executive order (2008) Read the order
  • Requires state agencies and state contractors to use E-Verify.
  • Creates financial incentives, including augmented state subsidies, for other businesses to use E-Verify.

STATUS: executive order expired.

 
MINNESOTA (2011) Read the law
  • Mandates E-Verify for state contractors and subcontractors with contracts worth more than $50,000.

 
MISSISSIPPI
(2008) Read the law

  • Requires all state agencies to use E-Verify
  • Requires all businesses with 30 or more employees to use E-Verify as of July 1, 2010. Businesses with fewer than 30 employees are required to start using E-Verify on July 1, 2011.
  • Makes it a felony for unauthorized workers to knowingly accept work in the state.
  • Allows U.S. residents and citizens to sue employers if they are fired and replaced by unauthorized workers
 
MISSOURI (2008) Read the law
  • Requires public employers and businesses bidding on state contracts to use E-Verify.
  • Shelters private employers that use E-Verify from prosecution.
  • Suspends licenses of businesses found to employ unauthorized workers: 14 days for a first violation, a year for a second, permanent revocation for a third offense.
  • Prohibits employers from knowingly “misclassifying” workers as independent contractors.
  • Allows prosecution of employers on the basis of citizen complaints, but includes protections against frivolous charges.
  • Only the federal government can determine that a worker is unauthorized, and the state can take no punitive action without federal confirmation of an infraction.
 
NEBRASKA (2009) Read the law
  • Requires public entities, contractors on public projects and businesses qualifying for state tax incentives to use E-Verify.
 
NEVADA (2007) Read the law
  • Opens businesses found to employ unauthorized workers to fines determined by the Nevada Tax Commission.
  • Protects businesses that can prove they used the Social Security Number Verification System to verify workers’ legal status.
 
NORTH CAROLINA (2006)
  • Requires state agencies to use E-Verify.
 
NORTH CAROLINA (2011) Read the law
  • Requires businesses with more than 24 workers to use E-Verify.
  • Businesses with more than 500 employees must use E-Verify by October 1, 2012, businesses with more than 100 employees by January 1, 2013 and businesses with more than 24 employees by July 1, 2013.
  • E-Verify is not mandatory for temporary employees who work 90 days or less in a twelve-month period.
 
OKLAHOMA (2007) Read the law
  • Requires public employers to use E-Verify or an equivalent federal verification system run by the government or a third party.
  • Requires state contractors and subcontractors to use E-Verify or an equivalent verification system.
  • Requires businesses to verify the status of independent contractors.
  • Allows U.S. residents and citizens to sue businesses if they are fired and replaced by unauthorized workers, but shelters employers who use E-Verify.
  • Makes it a felony to transport or harbor unauthorized immigrants.
 
PENNSYLVANIA (2012) Read the law
  • Requires contractors and subcontractors on public works projects to use E-Verify.
 
RHODE ISLAND executive order (2008) Read the order
  • Requires state agencies and businesses contracting with the state to use E-Verify.

STATUS: executive order rescinded in 2011.

 
SOUTH CAROLINA (2008) Read the law
  • Requires public employers to use E-Verify.
  • Requires private employers to use E-Verify to check workers’ immigration status or confirm that employees have drivers’ licenses from states with license requirements as strict as South Carolina’s.
  • Suspends licenses of businesses found to employ unauthorized workers: up to 30 days for a first violation, up to 60 days for a second, permanent revocation for a third offense.
  • Shelters businesses that use E-Verify from prosecution.
  • Allows U.S. residents and citizens to sue employers if they are fired and replaced by unauthorized workers.
 
SOUTH CAROLINA* (2011) Read the law
  • Removes driver’s license provision from 2008 law.

*See also POLICING MEASURES

 
TENNESSEE (2007) Read the law
  • Suspends for up to one year the licenses of businesses found to knowingly hire unauthorized workers.
  • Protects businesses that use E-Verify from prosecution.
  • Protects businesses that complete federal I-9 forms from prosecution, even if the information entered is later found to be false.
  • Prohibits use of taxpayer identification numbers as proof of legal status.
 
TENNESSEE (2010)      
  • Authorizes the state to direct business to vendors who employ only U.S. citizens or authorized workers.
 
TENNESSEE (2011) Read the law
  • Prohibits employers from knowingly hiring unauthorized workers.
  • Requires employers with six or more employees to enroll in E-Verify or confirm that employees have drivers’ licenses from states with license requirements as strict as Tennessee’s.
  • Employees who enroll in E-Verify must start using the system on October 1, 2011 and maintain records of all results.
  • Fines employers $1,000 for knowingly hiring unauthorized workers, suspends business licenses 30 days for a first offense, one year for a second offense and permanently for a third


UTAH (2008) Read the law

  • Requires public employers and businesses contracting with the state to use E-Verify or an equivalent program run by the government or a third party.
  • Allows U.S. residents and citizens to sue employers if they are fired and replaced by unauthorized wokers.
  • Makes it a misdemeanor to transport, conceal or harbor an unauthorized immigrant.
 
UTAH (2010) Read the law
  • Requires private employers with 15 or more employees to use E-Verify.
  • Exempts new hires on H-2A and H-2B visas.
  • Employers using E-Verify who inadvertently hire unauthorized workers are exempt from state penalties.
 
UTAH* (2011) Read the laws – guest-worker program, Nuevo Leon program
  • Creates a guest worker program for unauthorized immigrants living in Utah.
  • To be entitled to a guest worker permit, an applicant must have lived in Utah prior to May 11, 2011, pay a $2500 fine and pass a criminal background check.
  • Utah will cooperate with the Mexican state of Nuevo Leon to bring in workers to meet future labor needs.
  • Utah to request a federal waiver for the guest worker program, scheduled to begin operation on July 1, 2013.

*See also POLICING MEASURES


VIRGINIA (2008) Read the laws punishing violators, state contractors
  • Shuts down businesses whose officers or directors are convicted under federal law of knowingly hiring unauthorized workers.
  • Requires employers signing state contracts to state they will not knowingly employ unauthorized worker
 
VIRGINIA (2010) Read the law
  • Requires state agencies to enroll in E-Verify by December 1, 2012.
 
VIRGINIA (2011) Read the law
  • Requires state agencies to enroll in E-Verify as of June 1, 2011.
  • Requires public contractors with more than 50 employees and contracts worth more than $50,000 to participate in E-Verify or be debarred for one year.
 
WEST VIRGINIA (2007) Read the law
  • Makes it a misdemeanor to knowingly hire unauthorized workers.
  • Requires employers to verify workers’ status using birth certificates, Social Security cards, passports or other forms of identification.
  • Businesses found to knowingly hire unauthorized workers can be fined up to $1,000 for a first violation and up to $5,000 for a second. For third offense, an employer can be fined up to $10,000, imprisoned for up to one year or denied a business license.
  • Prohibits businesses from deducting as business expenses any wages of $600 or more paid to an unauthorized worker.
 
WEST VIRGINIA (2010) Read the law
  • Any employer who knowingly hires an unauthorized worker is guilty of a misdemeanor and can be fined between $100 and $1,000 for each violation.
  • Any employer who knowingly and willfully provides false records about the work status of employees is guilty of a misdemeanor and faces jail time not to exceed one year or fined not more than $2,500, or both.

July 2012