Georgia Becomes Fifth State to Mandate E-Verify for Most Employers, Sparks Supreme Court Review

After a heated debate that lasted most of the legislative session, Georgia has become the fifth state to mandate E-Verify usage for most employers. Georgia joins Arizona, Mississippi, South Carolina, and Utah in mandating E-Verify usage for all or most employers.

E-Verify is an online employment-eligibility verification tool that allows employers to confirm that new hire names and other information match federal government database records. Participation in the free program has been voluntary, but increasingly is becoming mandatory. In addition to the five states which now mandate E-Verify usage for all employers, many states and the federal government mandate usage by government contractors. Those who receive certain federal and state funds also must use the program.
“E-Verify is here to stay,” says Ryan Adair, Manager of Immigration Services. “What’s tough for employers,” Adair continues, “is trying to comply with a virtual patchwork of local, state, and federal laws related to use of the program.”
Arizona’s mandate that all employers use E-Verify is currently under review by the U. S. Supreme Court. Candelaria v. Chamber of Commerce (9th Cir. 2009). A decision is expected this summer.