E-Verify, the Whiting Decision and the States

In May 2011, the Supreme Court issued a decision, Chamber of Commerce of the United States of America v. Whiting, which further strengthened state authority to make participation in E-Verify mandatory for employers.  The Court upheld an Arizona law requiring employers within the state to use E-Verify to confirm the employment eligibility of all new hires and allowed the state to suspend or revoke a business license when an employer knowingly employs unauthorized workers.  This recent decision has empowered even more states to move forward in crafting E-Verify laws – further complicating the patchwork of employment verification laws for U.S. employers.  What U.S. employers need is one, reliable and secure federal employment verification system.

Click here for a chart of critical statutes in state E-Verify laws.
 
Click here for a map of states requiring E-Verify and applying the Whiting decision.