TxDOT Asks A.G. Paxton for E-Verify Advice

"The Texas Department of Transportation on Friday told the state attorney general’s office it needs clarity on whether state agencies are required to verify the immigration status of government contractors and subcontractors under a newly-enacted law.  In a request for an advisory opinion, TxDOT officials sought guidance on whether they are still required to use the U.S. Department of Homeland Security’s E-Verify program to vet the employees of state contractors in line with an executive order issued in December by former Gov. Rick Perry, or if Perry’s order was superseded by SB 374, which took effect Sept. 1." - Jess Davis, Law360, Sept. 25, 2015.

See also: "In a letter issued by the U.S. Department of Justice’s Office of Special Counsel clarifying Texas’ E-Verify Executive Order, the agency has said that employers using the work eligibility system for prospective employees or for current employees not enrolled as federal contractors would violate federal E-Verify rules.  The agency's letter dated April 15 said that under the federal rules of E-Verify — a system employers use to determine whether an employee is authorized to work in the U.S. — most employers can only create new E-Verify cases for new hires, except for employers enrolled in the system as federal contractors, who can create cases for both new hires and for existing employees performing work under the federal contract." - Kelly Knaub, Law360, Apr. 20, 2015.