ARIZONA E-VERIFY LEGISLATION GUIDE
This information was last updated on June 10, 2008.
PLEASE NOTE: The following is presented as general educational information. It is not legal advice, either express or implied. Consultation with legal counsel is recommended for all employment law matters. This information is subject to change without notice.
Effective Date: January 1, 2008
Status: Signed into law on July 2, 2007
Impact: The new law establishes a safe harbor from sanctions for Arizona employers who participate in the US Department of Homeland Security's E-Verify program. All Arizona employers must participate in E-Verify after December 31, 2007.
An initial lawsuit was dismissed on procedural grounds and was re-filed. A federal district court judge dismissed the second lawsuit in February, rejecting claims that the law is pre-empted by federal law and that it denies employers procedural due process. The U.S. Court of Appeals for the Ninth Circuit upheld the federal district court ruling and rejected arguments that the Arizona law infringes on the federal government's exclusive right to control immigration. The US Supreme Court also upheld the law.Supreme Court upholds Arizona E-Verify law