Virginia SB 185: E-Verify program; every employer to enroll in program by January 1, 2025.

Bill Text

2024SESSION
INTRODUCED
24104930D
1 SENATEBILLNO.185
2 OfferedJanuary10,2024
3 PrefiledJanuary8,2024
4 A BILL to amend and reenact § 40.1-11.2 of the Code of Virginia, relating to employer participation in
5 the E-Verify program.
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Patron––Sturtevant
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8 ReferredtoCommitteeonGeneralLawsandTechnology
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10 Be it enacted by the General Assembly of Virginia:
11 1. That §40.1-11.2 of the Code of Virginia is amended and reenacted as follows:
12 §40.1-11.2. Participation in E-Verify program.
13 A. As used in this section, "E-Verify program" means the electronic verification of work
14 authorization program of the federal Illegal Immigration Reform and Immigrant Responsibility Act of
15 1996 (P.L. 104-208), Division C, Title IV, § 403(a), as amended, operated by the U.S. Department of
16 Homeland Security, or a successor work authorization program designated by the U.S. Department of
17 Homeland Security or other federal agency authorized to verify the work authorization status of newly
18 hired employees under the federal Immigration Reform and Control Act of 1986 (P.L. 99-603).
19 B. All agencies of the Commonwealth shall be enrolled in the E-Verify program by December 1,
20 2012; and on and after December 1, 2012, use the E-Verify program for each newly hired employee
21 who is to perform work within the Commonwealth.
22 C. Every employer shall be enrolled in the E-Verify program by January 1, 2025, and on and after
23 January 1, 2025, use the E-Verify program for each newly hired employee who is to perform work
24 within the Commonwealth and shall keep a record of the verification for the duration of the employee's
25 employment or at least three years, whichever is longer.
26 D. Any employer may use the services of an E-Verify agent and E-Verify web services access to meet
27 the requirements of subsection C.
28 E. Notwithstanding the provisions of subsection C, to the extent an employer is subject to the
29 provisions of 48 C.F.R. Subpart 22.18, such an employer that is in compliance with such provisions
30 shall not be required to meet the provisions of this section.
31 F. The Attorney General shall request the U.S. Department of Homeland Security, once each
32 calendar quarter, to provide a list of agencies and employers that are enrolled and participate in the
33 E-Verify program and shall make such list available on the Attorney General's website.
INTRODUCED
SB185
1/29/24
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