Updated:  

A new report from the Migration Policy Institute found that only 3.2% of the nation's employers are currently enrolled in E-Verify. House Judiciary Chairman Lamar Smith's mandatory E-Verify bill, Legal Workforce Act (H.R. 2164), would require 100% of employers to use E-Verify within two years.

Of the three states that have passed mandatory E-Verify laws and have been completely phased in -- Arizona, South Carolina, and Mississippi -- only 15% of the businesses in the three states were enrolled in E-Verify as of January 2011.

Arizona leads the nation with nearly 36,000 businesses using E-Verify, which equates to 25.7% of the state's total employers. Missouri, which requires state agencies to use E-Verify and also suspends the business licenses of companies that are found to knowingly hire illegal aliens, ranks second in the nation with 14.5% of employers using E-Verify.

South Carolina has 6.8% of employers using E-Verify despite its statewide mandate, and Mississippi has 6.5% of employers using E-Verify despite its statewide mandate.

Missouri has 22,061 employers using E-Verify followed by California (20,800), Georgia (18,166), and Texas (13,419).

Chairman Smith's E-Verify bill, H.R. 2164, would require all federal, state, and local agencies,federal and state contractors, and critical infrastructure employees to begin using E-Verify on both new hires and current employees within six months of enactment. Private businesses must begin using E-Verify within two years based on the size of their workforce, and recruitment and referring centers must begin using E-Verify with in one year.

The Legal Workforce Act allows states to continue using their authority over business licensing and similar laws to penalize companies that don't use E-Verify.

The following list shows the percentage of employers in each state that were using E-Verify as of January 2011.For full information, see the Migration Policy Institute.

 Number of Businesses Enrolled in E-Verify by State, January 2011
State Businesses enrolled in E-Verify Number of establishments (2008) Percent of establishments enrolled
United States 243,709 7,601,169 3.2%
Alabama 2328 103,875 2.2%
Alaska 427 19,934 2.1%
Arizona 35988 140,081 25.7%
Arkansas 1210 66,668 1.8%
California 20800 879,025 2.4%
Colorado 6775 156,684 4.3%
Connecticut 1661 92,597 1.8%
Delaware 510 25,174 2.0%
District of Columbia 1521 21,081 7.2%
Florida 11067 507,027 2.2%
Georgia 18166 227,593 8.0%
Hawaii 722 32,904 2.2%
Idaho 934 46,246 2.0%
Illinois 6061 321,942 1.9%
Indiana 2480 150,101 1.7%
Iowa 1450 82,353 1.8%
Kansas 2229 76,096 2.9%
Kentucky 1545 92,587 1.7%
Louisiana 1924 104,007 1.8%
Maine 427 41,755 1.0%
Maryland 4296 138,607 3.1%
Massachusetts 3708 174,290 2.1%
Michigan 3178 229,310 1.4%
Minnesota 3833 148,845 2.6%
Mississippi 3949 60,918 6.5%
Missouri 22061 152,440 14.5%
Montana 464 37,318 1.2%
Nebraska 2821 52,152 5.4%
Nevada 1817 28,302 6.4%
New Hampshire 619 38,906 1.6%
New Jersey 4856 238,440 2.0%
New Mexico 1139 46,200 2.5%
New York 6886 518,632 1.3%
North Carolina 5625 225,158 2.5%
North Dakota 335 21,558 1.6%
Ohio 3952 263,761 1.5%
Oklahoma 3254 91,382 3.6%
Oregon 2299 111,550 2.1%
Pennsylvania 4858 303,115 1.6%
Rhode Island 2819 29,759 9.5%
South Carolina 7247 106,678 6.8%
South Dakota 371 25,689 1.4%
Tennessee 3383 136,585 2.5%
Texas 13419 522,336 2.6%
Utah 4319 71,433 6.0%
Vermont 186 22,121 0.8%
Virginia 6706 197,716 3.4%
Washington 4073 182,207 2.2%
West Virginia 399 39,641 1.0%
Wisconsin 2268 144,081 1.6%
Wyoming 344 20,785 1.7%
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