Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1974 3
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By: Representatives Long, McAlindon 5
By: Senator M. McKee 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW REGARDING EMPLOYMENT; TO 9
PROHIBIT STATE ENTITIES FROM EMPLOYING UNAUTHORIZED 10
ALIENS; TO ESTABLISH THE E -VERIFY REQUIREMENT ACT; TO 11
REQUIRE STATE ENTITIES TO USE E -VERIFY TO CONFIRM 12
EMPLOYMENT ELIGIBILITY; AND FOR OTHER PURPOSES. 13
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Subtitle 16
TO PROHIBIT STATE ENTITIES FROM 17
EMPLOYING UNAUTHORIZED ALIENS; TO 18
ESTABLISH THE E-VERIFY REQUIREMENT ACT; 19
AND TO REQUIRE STATE ENTITIES TO USE E -20
VERIFY TO CONFIRM EMPLOYMENT 21
ELIGIBILITY. 22
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
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SECTION 1. DO NOT CODIFY. Legislative findings. 26
The General Assembly finds that: 27
(1) Protecting Arkansans and being good stewards of taxpayer 28
dollars are top priorities for our state; 29
(2) A strong economy depends on a legal and reliable workforce, 30
ensuring that state government jobs go to individuals who are here lawfully 31
and contributing to our communities; 32
(3) Arkansas is not a sanctuary state, and Arkansas enforces our 33
laws to protect wages, support local businesses, and ensure that taxpayer 34
resources are used responsibly; and 35
(4) By upholding these principles, we are safeguarding 36 HB1974
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opportunities for hardworking Arkansans and securing a prosperous future for 1
our state. 2
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SECTION 2. Arkansas Code Title 21, Chapter 3, is amended to add an 4
additional subchapter to read as follows: 5
Subchapter 9 - E-Verify Requirement Act. 6
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21-3-901. Title. 8
This subchapter shall be known and may be cited as the "E -Verify 9
Requirement Act". 10
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21-3-902. Definitions. 12
As used in this subchapter: 13
(1) “Employee” means a person directed, allowed, or permitted to 14
perform labor or services of any kind for a state employer; 15
(2) “Employer” means a state government department, board, 16
bureau, or agency licensed under statute or rule to operate in the state that 17
employs twenty-five (25) employees or more; 18
(3) “E-Verify” means the electronic veri fication system operated 19
by United States Citizenship and Immigration Services, or its successor 20
program, as authorized by the Illegal Immigration Reform and Immigrant 21
Responsibility Act of 1996, Pub. L. No. 104 -208; and 22
(4) “Unauthorized alien” means the same as de fined by 8 U.S.C. § 23
1324a(h)(3), as it existed on January 1, 2025. 24
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21-3-903. Requirement to verify all new employees. 26
(a)(1) Except as provided in subsection (b) of this section, an 27
employer shall register and create an E -Verify employer account. 28
(2) After hiring an employee, an employer shall: 29
(A) Employ provisionally the employee until the employee’s 30
work authorization has been veri fied through E-Verify; 31
(B) Submit the employee’s name and information for 32
verification through E-Verify even if the employee’s employment is terminated 33
less than three (3) business days after becoming employed; and 34
(C) Keep a record of the veri fication for the duration of 35
the employee’s employment with the employer or for three (3) years, whichever 36 HB1974
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is longer. 1
(3) If the employee’s work authorization is not veri fied by E-2
Verify, an employer shall not employ, continue to employ, or reemploy the 3
employee. 4
(b)(1) An employer is not required to comply with subsection (a) of 5
this section if an employee was hired by the employer prior to the effective 6
date of this act. 7
(2) The employer is not required to verify or reverify the 8
eligibility of a current employee to work pursuant to federal law. 9
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21-3-904. Compliance with federal immigration law. 11
Nothing in this act shall be construed to abrogate an employer’s 12
obligation to comply with federal immigration laws, including without 13
limitation the completion and maintenance of federal employment eligibility 14
verification forms or documents. 15
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21-3-905. Prohibition on employment of unauthorized aliens. 17
(a) An employer shall not employ an unauthorized alien. 18
(b) Failure to comply with the requirements under this subchapter 19
shall be presumed a violation of this section. 20
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21-3-906. Enforcement. 22
(a) For the purpose of enforcement of this subchapter, the Department 23
of Labor and Licensing may request, and an employer shall provide, copies of 24
any documentation relied upon by the employer for the verification of a new 25
employee's employment eligibility. 26
(b) A person or an entity that makes a request under subsection (a) of 27
this section shall rely upon the United States Government to verify an 28
employee's employment eligibility and may not independently make a final 29
determination as to whether an employee is an unauthorized alien. 30
(c) Beginning on July 1, 2026, if the department determines that an 31
employer failed to use E -Verify system to verify the employment eligibility 32
of employees as required under this subchapter, the department shall: 33
(1) Notify the employer of the department's determination of 34
noncompliance; and 35
(2) Provide the employer with thirty (30) days to cure the 36 HB1974
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