Immigration Advisory
Several states have recently passed new or amended state immigration laws, which apply to employers in those states. The following are the highlights of the new requirements:
Georgia: Georgia amended its existing immigration statute to clarify that all “public employers” (defined as departments, agencies, or instrumentalities of the state or a political subdivision of the state) and all parties that contract or subcontract with public employers for the “physical performance of services” (an undefined term) within the state must use the federal electronic employment verification system called E-Verify to verify the employment status of all newly hired employees. Contractors and subcontractors are required to execute an affidavit confirming their use of E-Verify. Furthermore, effective January 1, 2010, public employers must post their E-Verify user number and date of authorization on their web sites.
South Carolina: South Carolina passed a new law requiring all private employers of 100 or more employees to participate in E-Verify by July 1, 2009, to verify the employment status of all new employees. All new employees must possess a South Carolina driver’s license, show eligibility for a South Carolina driver’s license or possess a driver’s license from a state with requirements at least as stringent as those of South Carolina. By July 1, 2010, all private employers in South Carolina will be subject to these requirements. Public employers are already subject to these requirements in South Carolina. A private employer who knowingly or intentionally hires an unauthorized alien will be prohibited from hiring new employees for a specified number of days and will be subject to other sanctions, depending on whether the violation is a first or subsequent occurrence. Participation in E-Verify results in a presumption of compliance with the law.
Mississippi: As of July 1, 2009, all public employers, contractors and subcontractors with public employers, and all other employers with 100 or more employees, must participate in E-Verify. All employers with at least 30 employees must participate in E-Verify by July 1, 2010 and all private employers must participate by July 1, 2011. An employer who fails to use E-Verify is subject to cancellation of any state or public contract.
Utah: Utah has also enacted a requirement for public employers to verify that all of their contractors and subcontractors for the physical performance of services participate in E-Verify or certain other specified verification systems. This requirement applies to all public contracts entered into after July 1, 2009.
Nebraska: Similar to Utah, Nebraska will require contractors and subcontractors with the state or municipal agencies to participate in E-Verify after October 1, 2009.
Other states and localities are also considering immigration legislation. If you have any questions about the laws in particular states or locations, or questions concerning the laws described above, please contact Jim Levine.
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