Section 1. After [date], every public and private employer in the state of [state], within [XX] days after hiring an employee, shall verify the employment eligibility of the employee through the E-Verify program maintained and operated by the U.S. Department of Homeland Security. Each employer shall maintain a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer.
Section 2. In addition to any other requirement for an employer to receive an economic development incentive, grant, or contract from any local, county, or state government entity, the employer shall register with and participate in the E-Verify program.Before receiving the economic development incentive, grant, or contract, the employer shall certify under oath to the government entity that the employer is registered with and is participating in the E-Verify program. If the government entity determines that the employer is not complying with this subsection, the government entity shall notify the employer by [certified mail or other option] of the government entity’s determination of noncompliance and the employer’s right to appeal the determination. On a final determination of noncompliance by the government entity, the employer shall repay all monies received as an economic development incentive, grant, or contract to the government entity within 30 days of the final determination and shall be subject to criminal prosecution under applicable statutes.
Section 3. In addition to any other requirement for an employer to apply for or renew a business license in the state of [state], the employer shall register with and participate in the E-Verify program.Before applying for or renewing a business license in the state of [state], the employer shall certify under oath to the [state secretary of state, department of labor, or relevant state agency that handles business licenses] that the employer is registered with and is participating in the E-Verify program. If the [state secretary of state, department of labor ,or relevant state agency] determines that the employer is not complying with this subsection, the government entity shall notify the employer by [certified mail or other option] of the [state secretary of state, department of labor, or relevant state agency]’s determination of noncompliance and the employer’s right to appeal the determination. On a final determination of noncompliance, the government entity shall not issue or renew a business license to the applying employer and shall notify the state attorney general’s office of the applying employer’s noncompliance with this chapter. The government entity shall also suspend the issued business license of any employer that is not complying with this requirement.
Section 4. Every three months, the state attorney general shall request from the U.S. Department of Homeland Security a list of employers from [this state] that are registered with the E-Verify program. On receipt of the list of employers, the attorney general shall forward the list to the state agency responsible for business licensing and publish the list on the attorney general’s website. If there is a discrepancy between the list received from the Department of Homeland Security and the state agency’s list of employers participating in the E-Verify program, the state agency shall investigate the discrepancy and take all actions necessary to enforce compliance.
Section 5. The state shall establish a 24-hour hotline for reporting E-Verify violations. The hotline will be monitored by the State Office of the Attorney General, which shall investigate every reported violation and will notify the state agency responsible for business licensing of its investigation.
Section 6. Every person working for the State of [state] or a political subdivision thereof, including, but not limited to, any law enforcement agencies, shall have a duty to report violations of this act. Any official failing to report any violation of this act when there is reasonable cause to believe that this act is being violated is guilty of obstructing governmental operations and shall be punishable pursuant to state law.
Section 7. Employers who fail to comply with the E-Verify requirements outlined in this section shall be subject to penalties, including, but not limited to:
- Suspension or revocation of the employer’s business license for [six months or more] upon a finding of an initial violation.
- Suspension or revocation of the employer’s business license for [two or more] years upon a finding of any subsequent violation.
- Loss of any active or future economic development incentive, government contracts, grants, or loans upon a finding of any violation
Section 8. 1. No official or agency of this state or any political subdivision thereof, including, but not limited to, an officer of a court, may adopt a policy or practice that limits or restricts the enforcement of this section or federal immigration laws by limiting communication between its officers and federal immigration officials in violation of 8 U.S. Code § 1373 or 8 U.S. Code § 1644. The attorney general shall report any violation of this subsection to the governor and the state [treasurer or comptroller] and that agency or political subdivision shall not be eligible to receive any funds, grants, or appropriations from the State of [state] until such violation has ceased and the attorney general has so certified.
2. All state officials, agencies, and personnel including, but not limited to, an officer of a court of this state, shall fully comply with and support the enforcement of federal law prohibiting the entry into, presence, or residence in the United States of aliens in violation of federal immigration law.
