E-Verify Law

While some state lawmakers push for stricter anti-illegal immigration legislation, Mississippi's 2008 immigration reform law may face an outside challenge. The U.S. Supreme Court has agreed to take up a case that challenges Arizona's 2007 mandatory E-Verify law.

Legal analysts say the high court's ruling could set a precedent for 14 other states, including Mississippi, that require companies to check the legal status of all new employees through the free online federal system.

"Congress has made it abundantly clear that E-Verify use is intended to be voluntary," Carter Phillips, attorney for the U.S. Chamber of Commerce, said Friday.

The immigration debate has heated up in Mississippi in recent months, with legislative hearings to discuss illegal residents and stricter legislation that will be proposed in the 2011 legislative session.

The Mississippi Legislature passed the Employment Protection Act, also referred to as the E-Verify law, in 2008. It has taken effect in phases, based on company size.

All companies with more than 30 workers have had to use the Internet-based system since July 1 to check the legal status of potential employees. Those with fewer than 30 workers have another year to comply.

The 9th U.S. Circuit Appeals Court based in San Francisco upheld the Arizona legislation in 2008, but the Supreme Court recently agreed to take it up on appeal.