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I-9 E-Verify Immigration Compliance

Will more States Pass E-Verify Legislation?; by Bruce Buchanan, Siskind Susser

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In the aftermath of the November 2012 elections, most immigration law pundits are focused on the increased chances for Comprehensive Immigration Reform (CIR) to pass Congress. But another area to consider is whether more states will pass E-Verify legislation. Obviously, this will be impacted on whether mandatory E-Verify is included in CIR. A second consideration is the strong majorities that Republicans hold in many state legislatures.


Currently, 7 states, Alabama, Arizona, Georgia, Mississippi, North Carolina, South Carolina and Utah, require all employers to utilize E-Verify while Tennessee and Louisiana make the use of E-Verify advantageous for employers but not mandatory. Nine states, Colorado, Florida, Idaho, Indiana, Missouri, Nebraska, Oklahoma, Pennsylvania and Virginia (the last two effective in 2013) require employers contracting with state and/or local government to utilize E-Verify.


What states might pass E-Verify legislation or expand it to include all employers in 2013? Based upon the political landscape, Arkansas is a likely candidate due to the fact that Republicans tookover both chambers of the legislature. Kansas came close in 2012 to passing E-Verify legislation and it is likely to be a topic in the 2013 legislature though the political makeup of the legislature remained about the same. Republicans in Tennessee now have a super majority in both the House and Senate so one can expect an effort to pass new legislation making the use of E-Verify mandatory. There are other states, Florida, Idaho, North Dakota, Oklahoma, South Dakota and Texas, where the Republicans continue to hold significant majorities.  However, it is unclear whether any of these states will pass E-Verify legislation or expand E-Verify legislation.

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