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S 2500Labor Relations

Labor and Labor Relations - E-Verify Compliance

Requires Rhode Island employers to use the federal E-Verify system to confirm the work eligibility of new employees.

Introduced
Population
Affected
72
Email Legislator
Introduced Feb 6, 2026Committee Senate Labor & Gaming

Plain-English Summary

This legislation, known as the "E-Verify Compliance Act," mandates that most employers in Rhode Island participate in the federal E-Verify program. This program is an internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. The bill sets a phased timeline between 2027 and 2028 for businesses of different sizes to register. Employers must notify the Department of Labor and Training of their compliance. If the system determines an employee is ineligible to work, the employer is required to terminate their employment. Non-compliance is reported to federal immigration authorities.

For younger readers

This new law creates a rule for business owners in Rhode Island. When a business hires a new worker, the owner must use a computer program called "E-Verify." This program checks to make sure the new worker is allowed to have a job in the United States. If the program says the person is not allowed to work here, the business has to let them go. Large businesses have to start doing this in 2027, and smaller businesses will start in 2028. If businesses don't follow this rule, the state will tell the federal government.

Who & Where It Applies

Impacted groups
Rhode Island Employers (3+ employees)Undocumented ImmigrantsJob SeekersDepartment of Labor and TrainingHuman Resources Professionals
Impacted communities
All

Constitutional & Fiscal Check

None Likely. The Supreme Court has previously upheld state laws mandating the use of E-Verify (e.g., Chamber of Commerce v. Whiting, 2011). While there are potential due process concerns regarding the accuracy of the database and the mandate to terminate employment upon "final notice," the bill incorporates federal contest periods. The reporting of non-compliant employers to ICE is also generally within the state's police powers regarding business licensing and regulation.

Estimated cost
Amount unknown
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Potentially reduces the exploitation of undocumented workers who are often subjected to unsafe working conditions and wage theft by unscrupulous employers operating in the shadow economy.
  • Ensures that employers adhere to federal labor standards, preventing businesses that hire unauthorized labor from undercutting fair wages and benefits for the broader workforce.
  • Shifts the burden of immigration enforcement onto the employer hiring process rather than relying solely on physical policing or community raids, potentially reducing direct confrontations between law enforcement and immigrant communities.
  • Mandates that a state agency (Department of Labor and Training) report non-compliant employers directly to ICE, effectively intertwining state labor administration with the federal deportation machine.
  • Likely to increase hiring discrimination against foreign-born citizens and legal residents, as employers may avoid applicants with "foreign-sounding" names to bypass potential E-Verify administrative hurdles.
  • Threatens the economic survival of undocumented residents and mixed-status families who are already marginalized, potentially pushing them into even more precarious and unregulated underground work.
For Conservatives
  • Upholds the rule of law by enforcing federal immigration statutes at the state level, ensuring that only those legally authorized to be in the country are employed.
  • Protects jobs for American citizens and legal residents by reducing competition from unauthorized labor that often depresses wages.
  • Levels the playing field for law-abiding businesses, ensuring they are not economically disadvantaged by competitors who cut costs by hiring illegal labor.
  • Imposes significant regulatory burdens and red tape on private businesses, forcing nearly every employer in the state to interact with a federal database and file additional paperwork with the state.
  • Interferes with the free market and the rights of business owners to manage their own hiring practices without government surveillance and oversight.
  • Forces state government resources to be used for the enforcement of federal policy, potentially expanding the size and scope of the state Department of Labor and Training.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 63 additions

SECTION 1. Legislative findings. The general assembly hereby finds and determines that:

(1) Ensuring that Rhode Island employers employ persons eligible to work within Rhode Island is an issue of statewide concern.

(2) It is in the best interest of the employers in Rhode Island for all employers to follow federal law as it applies to the hiring of persons who are authorized to work in the United States.

(3) Employers who violate the federal employment laws with respect to the hiring of persons who are unauthorized to work in the United States, place an undue economic burden on employers who attempt to hire only persons who are authorized to work in the United States.

(4) The general assembly further finds and determines that it is in the best interest of the state for all employers to verify the employment authorization of newly hired employees and that it is important that every employer in the State of Rhode Island apply for participation in the federal electronic employment authorization verification program, known as E-Verify, or any successor program for the purpose of verifying the work eligibility status of newly hired employees.

SECTION 2. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS" is hereby amended by adding thereto the following chapter: 28-6.15-1. Short title. This chapter shall be known and may be cited as the "E-Verify Compliance Act". 28-6.15-2. Definitions. As used in this chapter:

(1) "Employee" means any individual for whom an employer is required to file a form W- 2 wage and tax statement with the federal internal revenue service.

(2) "Employer" means a person or business entity transacting business in Rhode Island who, at any time, employs three (3) or more persons to perform services of any nature and who has control of the payment of wages for such services or is the officer, agent, or employee of the person having control of the payment of wages; except that "employer" does not include the federal government, another state, or a political subdivision of Rhode Island or another state.

(3) "Program" means the federal electronic employment authorization verification program, known as E-Verify, or any successor program, created pursuant to 8 U.S.C. §. 1324(a), as expanded to include all fifty (50) states in the "Basic Pilot Program Extension and Expansion Act of 2003", Pub. L. No. 108-156. 28-6.15-3. Participation in the program.

(a) Each employer in Rhode Island shall apply to participate in the program for the purpose of verifying the work eligibility status of each of the employer's newly hired employees by the following dates:

(1) An employer with two hundred (200) or more employees shall apply to participate in the program no later than January 1, 2027;

(2) An employer with at least fifty (50) employees but fewer than two hundred (200) employees shall apply to participate in the program no later than July 1, 2027; and

(3) An employer with fewer than fifty (50) employees shall apply to participate in the program no later than January 1, 2028.

(b) An employer shall submit an application to participate in the program no less frequently than every sixty (60) days until the employer is accepted into the program. An employer that is accepted into the program shall agree to participate in the program. An employer shall retain records for audit purposes that show that the employer has applied to the program and, following acceptance, show that the employer is an active participant in the program.

(c) All employers subject to the provisions of this section shall notify the department of labor and training that the employer has complied with the provisions of this chapter, within seven

(7) business days of making the application pursuant to subsection (a) of this section and within seven (7) business days of being accepted into the program pursuant to subsection (b) of this section. The department shall prepare and provide forms for such notification. The notification form provided shall:

(1) Require the employer to provide the E-Verify company identification number issued to the employer upon registration; and

(2) Be sworn and subscribed to under penalties of perjury by a representative of the employer. The signing and provision of any such notification, which the person knows contains any statement which is false or erroneous, or defective in any important particular, and which, to their knowledge, is intended to mislead the department, shall have committed the offense of giving a false document, pursuant to § 11-18-1.

(d) The department of labor and training shall provide a list of all employers who fail to comply with the provisions of this section or who fail to notify the department of labor and training of their compliance to the Investigations Division of the U.S. Bureau of Immigration and Customs Enforcement.

(e) The department of labor and training, with the cooperation of the secretary of state, shall put a mechanism in place to notify each employer of the requirements of this section and how to comply and shall make the information available on the department's website.

(f) An employer shall immediately terminate the employment of an employee upon receipt of a final notice from the Department of Homeland Security of nonconfirmation of work eligibility concerning such employee and after any applicable contest periods stipulated by federal law and/or regulation have run.

(g) An employer who, in good faith relies on the program to verify the employment eligibility of its employees, shall be exempt from liability, or suit arising from any action under this section; provided, however, that nothing contained herein shall be construed to limit remedies or relieve obligations and/or penalties under state anti-discrimination laws. 28-6.15-4. Severability clause. If any provision of this chapter or the application of a provision, shall for any reason be judged invalid, that judgment shall not affect, impair, or invalidate the remainder of the chapter, but shall be confined in its effect to the provisions or application directly involved in the controversy giving rise to the judgment.

SECTION 3. This act shall take effect upon passage.