Nebraska Mandates E-Verify for Public Contractors

Neb. Rev. Stat. 4-108 to 4-114, enacted in 2009 as LB 403, require public employers and contractors that receive state or local public contracts to enroll in the federal E-Verify program and use it to verify the work eligibility of newly hired employees performing work under the contract. Section 4-114 specifically directs every public employer, contractor, and subcontractor to register and use a federal immigration verification system, defined to include E-Verify operated by the U.S. Department of Homeland Security and the Social Security Administration. The Nebraska Department of Labor administers compliance. The mandate does not extend to private employers without public contracts, although such employers may use E-Verify voluntarily and gain a presumption of compliance for hiring rules. Sections 4-108 to 4-114 also restrict eligibility for state and local public benefits to U.S. citizens and qualified aliens, with verification through SAVE or similar federal systems. Local ordinances cannot weaken these requirements.

A public contractor that fails to enroll in or use E-Verify is in breach of the contract and may have the contract terminated. Continued violations can disqualify the contractor from future state or local public contracts. The Department of Labor may pursue administrative remedies.