States Where E-Verify is Mandatory
Although E-Verify is a largely voluntary process, certain states require all employees to use it, whether public or private. These states include Alabama, Arizona, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Utah. Although E-Verify is largely used to prevent the widespread induction of illegal immigrants and unauthorized workers throughout the United States, those states listed above do not necessarily share borders with other countries. The sentiment throughout some states is to address the growing problem of finding undocumented workers, especially in states that have more lax rules or lower costs of living.
Although these laws are made as a reaction to the state's decision on various processes, it is always best to check with local laws on the proper conduct and process of the e-verification process.
States That Require E-Verify Based on Various Ordinances
While some states make e-verify a requirement, others adopt the national approach that it is a voluntary process. Since this approach began in 1997, many states have adopted more strict measures on their confirmation of work status. This means that certain states emphasize a hybrid approach, and have different city or county ordinances on the proper conduct of this method. Furthermore, these laws usually are much more strict on public employers, with private workplaces having more relaxed rules, but still, adhering to sound regulations.
For example, Colorado requires e-verification for contractors that are given a contract from a state agency. While some county's rules are different, the employer who has awarded the contract can use e-verify or the state-approved Colorado verification system. Other states adopt more vague measures based on the size of the company. Utah makes e-verification mandatory for all private employers that have 15 or more employees within their system. E-verification is necessary for all public work contracts. Virginia is much the same, applying to any contractor that maintains an average of 50 employees over the course of 12 months - provided that they entered the contract through the state agency prior to the verification and is worth at least $50,000.
The other states include Florida, Idaho, Indiana, Louisiana, and Michigan. Notably, Texas is on the list for e-verification, being a border state, taking in many of the flights from Latin America. California, which also enjoys frequent traffic from the United States' southern neighbors, is not on the list - choosing instead to adopt a different method altogether.
The General Stance on E-Verification
The national stance for each state is that e-verify is a voluntary process. Certain federal contractors may require that their contractors or even subcontractors are subject to verification through the e-verify system. With this being said, more states and places of businesses are adopting this process in a larger capacity, due to its ease of use in checking work permits, visas, and citizenship. Eventually, having a centralized national system that works as a database would be the best way to reduce friction and the amount of unauthorized workers slipping through the system.