On May 26, 2011, the U.S. Supreme Court held that individual states may require the use of E-Verify by employers as a prerequisite to doing business. Specifically, in Chamber of Commerce v. Whiting, the Court held that while the Immigration Reform and Control Act prohibits individual states from imposing “civil or criminal sanctions” on those who employ unauthorized aliens, the statute preserves state authority to impose sanctions “through licensing and similar laws.” As a result of this ruling, more states may join Arizona in “forcing” employers to use E-Verify. As a result, multi-state employers may ultimately need to deal with a patchwork of legislation on this topic. Please contact us if you have any questions regarding your obligation to use E-Verify or to otherwise ensure that employees are qualified to work.
