An aggressive employer sanctions law went into effect on Jan. 1, 2008. The new law requires Arizona employers to confirm employment eligibility of all new hires through the federal government’s E-Verify Program. This program is an Internet-based system that allows employers to run verification checks through the Social Security Administration (SSA) and U.S. Citizenship and Immigration Services (USCIS) databases.

Importantly, the statute imposes strict sanctions on employers in Arizona that intentionally or knowingly hire unauthorized workers. Penalties include temporary suspension of a company's state business operating license for first violations and could result in permanent revocation of all of the employer’s state business licenses for any subsequent violation.

In the wake of Arizona’s legislation and in anticipation of more states following its lead, employers should take steps to have a strong employment verification policy in place. Internal Form I-9 audits can help insure that a company’s records are accurate and complete. Proper training of all personnel on how to properly complete I-9 forms is also advisable.

Stay tuned for more updates. If you have questions please contact your Gardere attorney or the Gardere Immigration Team at immigration@gardere.com.