Idaho lawmakers have introduced a new bill that would mandate employers throughout the state to use the federal government’s E-Verify system. The bill aims to ensure that businesses throughout the state verify all their employees’ work authorization.

The bill in question is House Bill No. 252 (HB 252), which Representative Jordan Redman sponsors. HB 252 would prohibit the employment of unauthorized workers under state law. Employers must also use the E-Verify program to verify every new employee’s work authorization.

The E-Verify system is a web-based tool the Department of Homeland Security maintains. This system helps businesses determine the employment eligibility of their employees in the United States. It compares an employee’s Employment Eligibility Verification (Form I-9) information to data in the federal government’s records.

In most cases, using E-Verify is not mandatory for private employers. However, they may still register and create an E-Verify account. After creating an account, employers can enter information from a newly hired employee’s Form I-9 so E-Verify can verify the employee’s work authorization.

According to HB 252, using the E-Verify system would become mandatory for all employers in Idaho. Specifically, the law would mandate that all businesses and employers in the state of Idaho enroll in and use the E-Verify system to confirm the employment eligibility of all new hires as a condition of employment. Public contractors and state agencies are already required to use E-Verify, but this bill would require all employers to do so.

HB 252 has faced some opposition since its introduction. For example, some opponents have expressed concerns about how mandating E-Verify would impact some businesses. They pointed to Idaho’s dairy industry as a prime example, saying many dairy farms have foreign workers, some of whom may prove undocumented. Additionally, opponents argued that the current worker visa program does not permit dairy farmers to employ foreign workers year-round.

Other concerns include the consequences of not using E-Verify if HB 252 passes. For example, businesses could have their business license suspended for as long as 60 days for the first violation. Courts could also order them to terminate the employment of any workers the federal government has found to be undocumented. In such cases, courts may require employers to provide a “sworn affidavit” confirming that they terminated the employment of discovered undocumented workers. Violating the mandatory E-Verify a second time could lead to permanently suspending the business license.

Employers should keep HB 252 in mind as it makes its way through the House and Senate. While watching, employers should ensure they comply with other I-9 regulations, such as the employment eligibility verification process. One way to maintain compliance is by using an electronic I-9 management system. This system guides employers through the eligibility process, provides convenient and secure digital storage for all related documents, and offers an optional E-Verify integration.

When it comes to your employees, automation makes eligibility verification quick and simple. Ensure compliance today with I-9 Compliance.

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