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Federal Court Upholds Arizona Law Requiring Employers to Use E-Verify and Imposing Sanctions for Knowingly Employing Individuals in the U.S. Without Work Authorization September 17, 2008 The federal Ninth Circuit Court of Appeals today upheld an Arizona law requiring all employers in the state to use E-Verify and imposing sanctions on employers who knowingly or intentionally employ individuals who are not authorized to work in the United States. E-Verify is an online system operated by the Department of Homeland Security and the Social Security Administration designed to allow employers to verify employment eligibility for new hires. Under federal law, E-Verify participation is voluntary; however, based on an Executive Order signed in June of this year certain federal contractors are now required to use E-Verify as a condition of receiving federal contracts. The Arizona law requires all employers to use the E-Verify program. There is no penalty for failure to use the system, but employers can have their business licenses revoked if they “knowingly or intentionally employ” unauthorized aliens. Tafapolsky & Smith assists employers with understanding E-Verify requirements and implementing E-Verify compliance programs. For more information, please contact your attorney.
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