Lexology (03/06/12) John Fay

Some observers believe states that have passed legislation dealing with the E-Verify system are motivated by economic and migration factors and that those requiring its use have large foreign-born populations, but U.S. Census Bureau data show otherwise. Foreign-born residents make up 25% of California’s population, yet the state passed a law prohibiting a requirement that employers enroll in the E-Verify program. Illinois, where foreign-born residents account for 13.7% of the population, passed a law banning state agencies from enrolling in the program. Meanwhile, foreign-born residents make up about 6.36% of the population in the nine states that have passed laws requiring employers to enroll in E-Verify. Moreover, rather than institute such a mandate for economic or migration reasons, a bill up for consideration in New Hampshire that would prohibit the use of the E-Verify system cites federalist concerns.