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SCCA Magazine |
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Will E-Verify
become the law? |
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Although the state of California doesn’t require use of the federal
government’s E-Verify Program, several California cities
‒ including Temecula, Murrieta, Lake Elsinore, Menifee and
Norco ‒ do. These cities have decided to discourage employment of illegal
aliens in their cites by adopting legislation requiring employers
to use E-Verify to confirm eligibility of new hires.
● Temecula ‒ Effective January 1, 2011, all employers must use E-Verify
to confirm the eligibility of new hires as a condition of receiving or
maintaining a business license.
● Murrieta ‒ On December 21, 2010, the Murrieta City Council made
use of E-Verify mandatory for all businesses. The law requires code
enforcement officers to check out allegations of non-compliance, and
penalties range from fines of a few hundred dollars to the loss of a
business license for repeat offenders.
● Lake Elsinore ‒ June 22, 2010, the Lake Elsinore City Council approved
an ordinance that requires employers to prove they are enrolled
in the E-Verify program as part of the business license procedure.
● Menifee ‒ Effective January 1, 2011, all employers must use E-Verify
to maintain a business license.
● Norco ‒ As of January 1, 2011, employers are required to use E-Verify.
● Lancaster ‒ Since December 31, 2009, all employers in the city have
been required to use E-Verify. Failure to comply can result in business
license suspension.
Other cities require contractors to use E-Verify in certain conditions:
● Mission Viejo ‒ Since July 1, 2007, the city and employers with city
contracts must verify eligibility of new employees through E-Verify.
●
Palmdale ‒ Since July 1, 2008, the city requires contractors to prove
that they are enrolled in E-Verify to bid for projects exceeding $50,000.
In light ongoing litigation, cities such as Santa Maria that were considering
adopting E-Verify laws, are taking a “wait and see” approach.
States take action
While the federal government has not made use of its E-Verify Program
mandatory, some states have. Arizona’s Legal Arizona Workers
Act has required employers to use E-Verify since January 1, 2008. Mississippi
required employers to use E-Verify in 2008 with full participation
in 2011. Utah requires employers with 15 or more employees to
use E-Verify or another verification system approved by the Department
of Homeland Security.
South Carolina requires all employers to use E-Verify or hire only
workers with a South Carolina driver’s license or identification card.
South Carolina law allows the state to scrutinize company hiring
records and fine those with unauthorized workers on the payroll.
Tennessee, Florida and Georgia are considering mandating E-Verify
use for all employers.
Employers that don’t comply with these state’s laws can face substantial
penalties, including fines, preclusion from contracting with
federal, state and local governments, and suspension or revocation of
their business licenses. The state and local laws, however, may soon
be moot. In the next few months, the U.S. Supreme Court is expected
to rule on whether a state can require employers to participate in a
program that federal law specifies is voluntary.
Congress, Obama push to expand E-Verify
Though E-Verify's use has grown in recent years, only about 11 percent
of 7.7 million employers nationwide use the program, either voluntarily
or as a condition of doing business. In recent weeks, Republican promoters
of E-Verify have begun pushing to expand the program.
"With 26 million Americans unemployed or underemployed, expanding
E-Verify would help open up jobs that they need," said Rep.
Lamar Smith (R., Texas) recently at the first hearing of the immigration
subcommittee of the House Judiciary committee.
The Obama administration has launched a new round of worksite
investigations. Early this month, Immigration and Customs Enforcement
notified 1,000 companies of upcoming audits of their I-9s and
documents those employees provided to show they are eligible to
work in the United States.
While participation in E-Verify is voluntary, more than 225,000 employers
across the country use E-Verify with about 1,000 new businesses
signing up each week.
To use E-Verify, you must enroll your company in the program.
For more on E-Verify, visit www.uscis.gov/e-verify.
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