The "Fair and Legal Employment Act" (HB 2779) requires all businesses to enroll in E-Verify to determine the employment eligibility of new hires. Employers who have failed to enroll in E-Verify after the law's effective date-- January 1, 2008-- risk the loss of their business license, whether or not they have actually hired anyone after 1/1/08.

"Sec. 6. Section 23-212(A): An employer shall not knowingly employ an unauthorized alien. If, in the case when an employer uses a contract, subcontract or other independent contractor agreement to obtain the labor of an alien in this state, the employer knowingly contracts with an unauthorized alien or with a person who employs or contracts with an unauthorized alien to perform the labor, the employer violates this subsection."

If found to be in violation of this law, your company will be subjected to a three- to five-year probationary period during which you will be required to file quarterly reports. Your business license can be suspended for ten days or more. For a second violation, your license can be revoked permanently.

Enrollment in E-Verify does not provide absolute "safe harbor," but can be a mitigating factor in the event that an employer is alleged to have employed a non-work authorized individual. If you can show that you complied, in good faith, with federal law regarding the verification of new hires, you may be exempt from prosecution under this law.

HB-1080 Signed by Governor Jan Brewer

The "Support Our Law Enforcement and Safe Neighborhoods Act," Arizona SB1070, signed recently by Governor Jan Brewer, is the toughest anti-immigration state law in the United States. The new Arizona law allows police officers to ask about the immigration status of any person based upon "reasonable suspicion." The statute also prohibits local governments from adopting any policies that require or allow less than full enforcement of the immigration laws, thus prohibiting so-called sanctuary provisions. The statute also makes it illegal to solicit workers, often called day laborers.

Verify I-9's E-Verify service satisfies the requirements of the Arizona E-Verify law and is being used by numerous Arizona employers. Ask about our special offer for Arizona employers!

• Text of laws

[NOTE: This information is presented for general educational purposes only. It is not legal advice, neither expressed nor implied. You should consult with legal counsel before acting on the information found on this page or for any employment law matter. This information is subject to change without notice. This page was last updated on May 18, 2010.]