In the absence of a comprehensive federal policy, employers are forced to consider whether E-Verify use is required on a state-by-state, and sometimes contract-by-contract, basis. While states like Arizona and Mississippi have passed laws mandating use of E-Verify by all employers, several states have laws or Executive Orders requiring state agencies and certain government contractors to use the system.
In Florida, newly-elected Governor Rick Scott fulfilled a campaign promise immediately upon taking office by issuing Executive Order No. 11-02 which requires state agencies to use E-Verify and to include in all state contracts a requirement that contractors utilize the E-Verify system to verify the employment eligibility of:
- All persons employed during the contract term by the contractor to perform employment duties within Florida; and
- All persons (including subcontractors) assigned by the contractor to perform work pursuant to the contract with the state agency.
In Rhode Island, newly-elected Governor Lincoln D. Chafee likewise fulfilled a campaign E-Verify promise. However, his order went in the opposite direction, repealing the so-called Executive Order on E-Verify, which former Governor Donald L. Carcieri had signed into law in March 2008.
Employers, particularly those with multi-state operations or those who contract with federal or state agencies, must continue to monitor the ever-changing maze of E-Verify requirements.
