ALEC Policy Champions Sponsor Common Sense E-Verify Legislation in Tennessee

Congratulations to ALEC’s newest Policy Champions, Tennessee State Rep. Tim Rudd and Tennessee State Sen. Richard Briggs, for their sponsorship of HB1705, which will extend the E-Verify requirement for Tennessee’s public sector employers. With Governor Lee’s signature, these two Champions have taken an important step toward ensuring that Tennessee governments only hire workers legally authorized to work in the United States. In 2024, ALEC members developed the E-Verify Requirement Act – a model consistent with Tennessee’s HB1705 – in response to legitimate concerns about immigrants working illegally in the United States.

Tennessee’s private sector employers were already required to confirm prospective employees’ eligibility to work in this country using the E-Verify system. However, until the passage of HB1705 in March, the state’s public sector employers were not subject to the same requirement. Now, Tennessee’s government employers will also benefit from E-Verify protections.

E-Verify is an online, federal database that employers can access to confirm employment eligibility. The system compares information from an employee’s completed Form I-9 Employment Eligibility Verification to U.S. Department of Homeland Security and Social Security Administration records to determine if an individual is permitted to work in the U.S. As of February 2025, 21 states required employers to affirm work eligibility with E-Verify.

Recently, Iowa Gov. Kim Reynolds issued an Executive Order requiring the use of E-Verify or the SAVE system. Her decision was precipitated by the hiring of an immigrant without permission to work in the U.S. to serve as the Superintendent of Des Moines public schools. This type of situation will now be avoided in Tennessee thanks toHB1705.

Read ALEC Model Policy Could Have Prevented Upheaval for Parents and Students in Des Moines, Iowa for more details.

There are many good reasons to use E-Verify.

• • It’s easy requiring employers to enter information already captured in the Form I-9 Employment Eligibility Verification.
  • E-Verify provides a Safe Harbor for businesses that use the system.
  • It’s fair. Applicants who are flagged receive a “Tentative Non-Confirmation” notice and the prospective employee is given time and guidance to remedy typos, unreported name changes or outdated government records. There is no automatic rejection.
  • It’s tested. Florida has required E-Verify since July 1, 2023 with its economy continuing to grow each year earning it a ranking of first out of the 50 states in economic growth.

ALEC commends our new Policy Champions for giving Tennessee government employers confidence that new hires are permitted to work in the state ensuring that everyone drawing a paycheck in Tennessee is legally allowed to do so.