Whether you are an in-state or out-of-state employer who contracts with Florida state agencies, or have been merely following the recent trend of states asserting themselves into the Immigration Reform Debate in the absence of Federal Comprehensive Immigration Reform, it is important to note that immediately after being sworn-in as Florida’s 45th Governor, Rick Scott, issued Executive Order 11-02, requiring state agencies to use the federal government’s E-Verify system for the employment eligibility verification of state employees and contractors. Specifically, the Executive Order applies to state agencies under the direction of the Governor. In addition to using E-Verify with regard to their own employees, state agencies must include as a condition of all state contracts, an express requirement that contractors use E-Verify for: (a) all persons employed during the contract term by the contractor to perform employment duties within Florida; and (b) all persons (including subcontractors) assigned by the contractor to perform work pursuant to the contract with the state agency. The Executive Order encourages state agencies not under the direction of the Governor to similarly use and require the use of E-Verify.
E-Verify, as discussed in previous Gunster Immigration Bulletins, is a free Internet-based system operated by the Department of Homeland Security (“DHS”), U.S. Citizenship and Immigration Services (“USCIS”), in partnership with the Social Security Administration (“SSA”) that provides employers with the ability to electronically verify the employment eligibility of their employees, regardless of citizenship. The thrust of the Governor’s Executive Order appears to be parallel to the 2008 Presidential Executive Order, implementing Federal Acquisition Regulations and mandating the use of E-Verify for certain federal contractors. Detailed guidance regarding the Governor’s Executive Order has not yet been published. Among other issues, it is anticipated that such guidance will clarify: to which agencies the Executive Order specifically applies to; if there are any types of contracts or dollar thresholds that are outside the ambit of the Executive Order; the applicability of the Executive Order to existing state contracts and to current employees of contractors and subcontractors; and any flow down of the requirement to sub-subcontractors. The Executive Order should serve as a reminder to all employers that the Federal Government and individual states are emphasizing employment eligibility verification as a board-room level issue, not likely to go away any time soon. Additional guidance is being requested and more information regarding the implementation of this Executive Order will be provided in subsequent Gunster Immigration Bulletins as information becomes available.
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