Effective immediately, Florida state agencies under the direction of the Governor, and any contractors or subcontractors with those agencies, are required to use the U.S. Citizenship and Immigration Services’ E-Verify system to check the legal work authorization of employees.

As one of his first official acts, Florida Governor Rick Scott, issued an Executive Order on January 4, 2010 requiring the relevant state agencies to E-Verify “all current and prospective employees” and to include a requirement in their contracts that contractors (and any subcontractors engaged to fulfill the contract terms) use E Verify for all persons employed during the contract term to perform duties within Florida.

The executive order also “encourages” state agencies not under the direction of the Governor to E-Verify current and prospective employees and require contractors to use the E-Verify system. The Executive Order contains no penalty provisions, definitions of terms, or guidance for implementation.

We expect this Executive Order to be challenged immediately because it requires state agencies to...

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