AN ACT TO AMEND THE LAW REGARDING EMPLOYMENT; TO PROHIBIT STATE ENTITIES FROM EMPLOYING UNAUTHORIZED ALIENS; TO ESTABLISH THE E-VERIFY REQUIREMENT ACT; TO REQUIRE STATE ENTITIES TO USE E-VERIFY TO CONFIRM EMPLOYMENT ELIGIBILITY; AND FOR OTHER PURPOSES.
Apr 21, 2025 · Enacted
Rep. Wayne Long · Sponsored / Sen. Matt McKee · Sponsored
FactVote reviewed summary
HB 1974 requires the state employers defined in the act to use E-Verify for new employees, with provisional employment pending verification and retention of verification records. It exempts employees hired before the act’s effective date from the new verification requirement and preserves federal immigration obligations. The act specifies January 1, 2026 effectiveness and compliance notices beginning July 1, 2026, with 30 days to cure noncompliance. This concerns employment authorization for a subset of foreign-born residents. Records must be retained for the employment period or three years, whichever is longer, and must be submitted even for an employee who leaves within three business days. State enforcement must rely on the federal government for the final employment-eligibility determination.
Signed by Sarah Huckabee Sanders on 2025-04-21; Act 948 of 2025. Enactment, effective dates, implementation and current enforceability are distinct.
Why this record is included
Foreign-born residents include naturalized citizens and lawfully and unlawfully present noncitizens. A provision about a particular immigration status concerns only a subset of that population; it does not change a person’s birthplace. This connection does not establish causation. Actions after the measurement period cannot explain the earlier observed value.
Retained Arkansas evidence context: Residents who are foreign-born. This record’s connection to the topic does not establish an effect on the measured result.
SECTION 2. Arkansas Code Title 21, Chapter 3, is amended to add an additional subchapter to read as follows: Subchapter 9 - E-Verify Requirement Act. 21-3-901. Title. This subchapter shall be known and may be cited as the "E-Verify Requirement Act". 21-3-902. Definitions. As used in this subchapter: (1) “Employee” means a person directed, allowed, or permitted to perform labor or services of any kind for a state employer; (2) "Employer" means a state government department, board, bureau, political subdivision, or agency licensed under statute or rule to operate in this state; (3) “E-Verify” means the electronic verification system operated by United States Citizenship and Immigration Services, or its successor program, as authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. No. 104-208; and (4) “Unauthorized alien” means the same as defined by 8 U.S.C. § 1324a(h)(3), as it existed on January 1, 2025. 21-3-903. Requirement to verify all new employees. (a)(1) Except as provided in subsection (b) of this section, an employer shall register and create an E-Verify employer account. (2) After hiring an employee, an employer shall: (A) Employ provisionally the employee until the employee’s work authorization has been verified through E-Verify; (B) Submit the employee’s name and information for verification through E-Verify even if the employee’s employment is terminated less than three (3) business days after becoming employed; and (C) Keep a record of the verification for the duration of the employee’s employment with the employer or for three (3) years, whichever As Engrossed: H4/9/25 HB1974 3 04-09-2025 10:25:31 CRH069 is longer. (3) If the employee’s work authorization is not veri fied by E-2 Verify, an employer shall not employ, continue to employ, or reemploy the employee. (b)(1) An employer is not required to comply with subsection (a) of this section if an employee was hired by the employer prior to the effective date of this act. (2) The employer is not required to verify or reverify the eligibility of a current employee to work pursuant to federal law. 21-3-904. Compliance with federal immigration law. Nothing in this act shall be construed to abrogate an employer’s obligation to comply with federal immigration laws, including without limitation the completion and maintenance of federal employment eligibility verification forms or documents. 21-3-905. Prohibition on employment of unauthorized aliens. (a) An employer shall not employ an unauthorized alien. (b) Failure to comply with the requirements under this subchapter shall be presumed a violation of this section. 21-3-906. Enforcement. (a) For the purpose of enforcement of this subchapter, the Department of Labor and Licensing may request, and an employer shall provide, copies of any documentation relied upon by the employer for the verification of a new employee's employment eligibility. (b) A person or an entity that makes a request under subsection (a) of this section shall rely upon the United States Government to verify an employee's employment eligibility and may not independently make a final determination as to whether an employee is an unauthorized alien. (c) Beginning on July 1, 2026, if the department determines that an employer failed to use E-Verify system to verify the employment eligibility of employees as required under this subchapter, the department shall: (1) Notify the employer of the department's determination of noncompliance; and (2) Provide the employer with thirty (30) days to cure the As Engrossed: H4/9/25 HB1974 4 04-09-2025 10:25:31 CRH069 noncompliance. SECTION 3. DO NOT CODIFY. Effective date. This act shall be effective on and after January 1, 2026.Review official supporting evidence ↗