More States to Mandate E-Verify Following Recent US Supreme Court Case
With the ruling of the United States Supreme Court in United States Chamber of Commerce v. Whiting, it appears that any state that wants to follow in Arizona’s footsteps and mandate the use of E-Verify will be able to do so so long as there are no direct sanctions for those who do not use E-Verify. Those who choose not to follow the law will simply forfeit the fall-back plan of claiming good faith if they are caught using unauthorized workers. There will be no direct civil or criminal penalties for not using E-Verify if no unauthorized workers are ever found.
Joining Arizona in mandating that all employers (public and private) must use E-Verify are Mississippi, Alabama, South Carolina, Tennessee (except for private employers with less than 7 workers), Georgia (except for private employers with less than 11 workers), Utah (except for private employers with less than 15 workers), and North Carolina (except for private employers with less than 25 workers). In Idaho, Nebraska, Oklahoma, Missouri, Indiana, Virginia, and Florida, all state agencies and state contractors must use E-Verify. In Colorado and Louisiana, all state contractors must use E-Verify.
Jacob M. Montyis the founding and managing partner of Monty & Ramirez, LLP. He is board certified in labor and employment law by the Texas Board of Legal Specialization. He is a member of the American Law Institute and named to Texas Super Lawyers in 2008, 2009, 2010 and 2011.