Although not as prevalent in recent headlines as Arizona’s SB1070, the Legal Arizona Worker’s Act (LAWA) is also attracting attention and debate. LAWA requires all businesses in the state to use E-Verify to check the employment eligibility of newly hired employees. If using E-Verify, an employer found to be employing undocumented workers benefits from a rebuttable presumption that it did not knowingly or intentionally do so. Employers failing to participate may be denied economic development benefits and forced to repay any benefits previously obtained from the state.
Following Arizona’s lead, states are creating E-Verify laws at a rapid pace. These laws are controversial and frequently subject to legal challenges. Read more about the challenges and successes of state-mandated E-Verify here