As part of a potentially growing trend, a new law in Florida will require private employers with at least 25 employees to use E-Verify, the digital immigration verification tool, during their onboarding process, starting July 1.
Gov. Ron DeSantis signed SB 1718 into law on May 10. It will increase penalties for noncompliance and for employers that knowingly hire undocumented workers. Notably, if employers use the E-Verify system in good faith, whether use is mandatory or voluntary, the government will presume they have not knowingly hired unauthorized workers.
All employers are required to complete the I-9 form within three days of a new hire's start date to verify identity and ensure employment authorization in the United States for every employee. E-Verify is an online tool that is operated by the U.S. Department of Homeland Security and allows employers that have completed Form I-9 to electronically verify employment eligibility for their new hires. Employers that use E-Verify may not do so selectively. Rather, they must use the system to verify all newly hires, regardless of whether they are U.S. citizens.
Currently, use of the E-Verify system is mandatory in Florida for public employers and private employers contracting with state and local governments or receiving state incentive dollars. The new law expands that requirement to all private employers with at least 25 employees. Employers that want to enroll in E-Verify can do so by visiting the official website.
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