States Consider Immigration Legislation

While the Arizona laws continue to wind their way through the federal court system, other states continue to ponder immigration legislation. Texas and Illinois legislatures both had new bills introduced that would require each state’s employers to use the E-Verify employment eligibility system in addition to federally mandated Form I-9 Employment Eligibility Verification completion. Indiana and Tennessee were added to the list of states considering an “Arizona SB 1070-type” law. However, Colorado’s legislation defeated a bill patterned after SB 1070, reducing the chances any such provision will be enacted in the state. Employers must continue to monitor developments, particularly those relating to E-Verify, to determine when and where the usually voluntary program is mandatory. In the January 2011 issue of the Immigration eAuthority, we reported on two states going in opposite directions on the E-Verify issue. Florida mandated the use of E-Verify by state agencies and also will require companies executing certain state contracts to use E-Verify, while Rhode Island repealed similar requirements that had been implemented by its former governor.