E-Verify requirement holds up in court
September 29, 2008 by Sam NarisiPosted in: Applicant background screening, In this week's e-newsletter, Latest News & Views, Security and law
A state law requiring all employers to run new hires through the E-Verify system was recently given the thumbs up by a federal judge.
Arizona is one of several states that requires some or all companies to use E-Verify (in this case, it’s all of them). The rule was challenged by a group of businesses and associations that claim it violates federal law, which defines E-Verify as a voluntary program.
The court disagreed, ruling that Congress never expressly forbade laws like Arizona’s — states are left free to decide whether or not they want to make the system mandatory.
Cite: Chicanos Por La Causa, Inc. v. Napolitano
