Most large companies, especially those in industries at which immigration enforcement has been targeted, do not operate in one state alone. Unfortunately, for employers, there is no one-size fits all guidebook to immigration compliance. Knowing and understanding the complicated federal regulations is no longer sufficient. At least 32 states have now enacted their own immigration-related laws. Take E-Verify, for example. To date, at least 17 states have weighed in on the use of E-Verify in some form or another. Some states require all employees in the state to participate in E-Verify; whereas others only require participation by state employees and contractors. A few have passed laws prohibiting employers from using E-Verify (most have been challenged and amended).
Most employers know that Arizona has the most sweeping law, requiring all employers to use E-Verify and that Illinois has gone in the opposite direction – passing the Illinois Right to Privacy in the Workplace Act initially prohibiting employers from using E-Verify, and now, as amended post challenge from DHS, requiring employers to complete an attestation at the time of enrollment confirming they have completed the E-Verify tutorial and posted applicable notices among other requirements. The Illinois law also allows injured employees to file a claim against the employer for violations of the Illinois Human Rights Act. In addition to Arizona and Illinois, other states that have implemented immigration-related laws include:
- Alabama
- Arkansas
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Iowa
- Louisiana
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Nebraska
- Nevada
- New Hampshire
- North Carolina
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- Tennessee
- Texas
- Utah
- Virginia
- West Virginia