Idaho Code 18-7028 and Executive Order 2009-10 require state agencies and public works contractors doing business with Idaho to enroll in and use the federal E-Verify system to confirm employment eligibility of new hires.
Idaho law requires state agencies and contractors performing work for the state to use the federal E-Verify electronic employment verification program. Idaho Code 18-7028 prohibits the knowing employment of unauthorized aliens and creates criminal penalties for hiring practices that violate federal immigration law. Executive Order 2009-10, codified through subsequent state procurement rules, mandates that all state agencies and public works contractors enroll in E-Verify and verify the work eligibility of new hires. The mandate applies to executive branch agencies and contractors bidding on state public works projects, but does not extend to all private employers in Idaho. Local governments cannot adopt conflicting employment-verification mandates inconsistent with state law. Failure to comply may result in contract termination, debarment from future state contracts, and potential criminal liability for knowing hires of unauthorized workers under 18-7028.
Knowingly employing unauthorized aliens under Idaho Code 18-7028 is a misdemeanor punishable by fines. State contractors failing E-Verify obligations face contract termination and debarment from future bids.
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