The following states have enacted laws, regulations, or executive orders requiring that some or all private employers use E-Verify:
- Arizona (all employers)
- Colorado (government contractors)
- Georgia (government contractors)
- Minnesota (government contractors)
- Mississippi (all employers, phased in over time)
- Missouri (government contractors)
- Oklahoma (government contractors)
- Rhode Island (government contractors)
- South Carolina (all employers, phased in over time)
- Utah (government contractors)
Other states, such as North Carolina, require that state agencies, offices, or universities use the system or, like Tennessee and Utah, provide a “safe harbor” from charges of hiring unauthorized workers to those employers who use the system. One state, Illinois, has passed a law prohibiting use of the system, although this law is presently not being enforced. Many states have E-Verify-related legislation pending and are looking to other states to anticipate the fate of their proposed laws.
All of these state laws have stirred up controversy over their constitutionality and the burdens they place on employers. The federal courts enjoined enforcement of the Illinois and Oklahoma laws. An executive order in Rhode Island is not currently being enforced due to the state’s failure to properly promulgate the rule under the Administrative Procedure Act. The controversy, pending legislation, and ongoing court battles often leave employers confused about their obligations in these states.