Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: H4/9/25
2 95th General Assembly
A Bill
3 Regular Session, 2025 HOUSE BILL 1974
4
5 By: Representatives Long, McAlindon, R. Burkes
6 By: Senator M. McKee
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8 For An Act To Be Entitled
9 AN ACT TO AMEND THE LAW REGARDING EMPLOYMENT; TO
10 PROHIBIT STATE ENTITIES FROM EMPLOYING UNAUTHORIZED
11 ALIENS; TO ESTABLISH THE E-VERIFY REQUIREMENT ACT; TO
12 REQUIRE STATE ENTITIES TO USE E-VERIFY TO CONFIRM
13 EMPLOYMENT ELIGIBILITY; AND FOR OTHER PURPOSES.
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16 Subtitle
17 TO PROHIBIT STATE ENTITIES FROM
18 EMPLOYING UNAUTHORIZED ALIENS; TO
19 ESTABLISH THE E-VERIFY REQUIREMENT ACT;
20 AND TO REQUIRE STATE ENTITIES TO USE E-
21 VERIFY TO CONFIRM EMPLOYMENT
22 ELIGIBILITY.
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24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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26 SECTION 1. DO NOT CODIFY. Legislative findings.
27 The General Assembly finds that:
28 (1) Protecting Arkansans and being good stewards of taxpayer
29 dollars are top priorities for our state;
30 (2) A strong economy depends on a legal and reliable workforce,
31 ensuring that state government jobs go to individuals who are here lawfully
32 and contributing to our communities;
33 (3) Arkansas is not a sanctuary state, and Arkansas enforces our
34 laws to protect wages, support local businesses, and ensure that taxpayer
35 resources are used responsibly; and
36 (4) By upholding these principles, we are safeguarding
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1 opportunities for hardworking Arkansans and securing a prosperous future for
2 our state.
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4 SECTION 2. Arkansas Code Title 21, Chapter 3, is amended to add an
5 additional subchapter to read as follows:
6 Subchapter 9 - E-Verify Requirement Act.
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8 21-3-901. Title.
9 This subchapter shall be known and may be cited as the "E-Verify
10 Requirement Act".
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12 21-3-902. Definitions.
13 As used in this subchapter:
14 (1) "Employee" means a person directed, allowed, or permitted to
15 perform labor or services of any kind for a state employer;
16 (2) "Employer" means a state government department, board, bureau,
17 political subdivision, or agency licensed under statute or rule to operate in
18 this state;
19 (3) "E-Verify" means the electronic verification system operated
20 by United States Citizenship and Immigration Services, or its successor
21 program, as authorized by the Illegal Immigration Reform and Immigrant
22 Responsibility Act of 1996, Pub. L. No. 104-208; and
23 (4) "Unauthorized alien" means the same as defined by 8 U.S.C. �
24 1324a(h)(3), as it existed on January 1, 2025.
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26 21-3-903. Requirement to verify all new employees.
27 (a)(1) Except as provided in subsection (b) of this section, an
28 employer shall register and create an E-Verify employer account.
29 (2) After hiring an employee, an employer shall:
30 (A) Employ provisionally the employee until the employee's
31 work authorization has been verified through E-Verify;
32 (B) Submit the employee's name and information for
33 verification through E-Verify even if the employee's employment is terminated
34 less than three (3) business days after becoming employed; and
35 (C) Keep a record of the verification for the duration of
36 the employee's employment with the employer or for three (3) years, whichever
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As Engrossed: H4/9/25 HB1974
1 is longer.
2 (3) If the employee's work authorization is not verified by E-
3 Verify, an employer shall not employ, continue to employ, or reemploy the
4 employee.
5 (b)(1) An employer is not required to comply with subsection (a) of
6 this section if an employee was hired by the employer prior to the effective
7 date of this act.
8 (2) The employer is not required to verify or reverify the
9 eligibility of a current employee to work pursuant to federal law.
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11 21-3-904. Compliance with federal immigration law.
12 Nothing in this act shall be construed to abrogate an employer's
13 obligation to comply with federal immigration laws, including without
14 limitation the completion and maintenance of federal employment eligibility
15 verification forms or documents.
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17 21-3-905. Prohibition on employment of unauthorized aliens.
18 (a) An employer shall not employ an unauthorized alien.
19 (b) Failure to comply with the requirements under this subchapter
20 shall be presumed a violation of this section.
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22 21-3-906. Enforcement.
23 (a) For the purpose of enforcement of this subchapter, the Department
24 of Labor and Licensing may request, and an employer shall provide, copies of
25 any documentation relied upon by the employer for the verification of a new
26 employee's employment eligibility.
27 (b) A person or an entity that makes a request under subsection (a) of
28 this section shall rely upon the United States Government to verify an
29 employee's employment eligibility and may not independently make a final
30 determination as to whether an employee is an unauthorized alien.
31 (c) Beginning on July 1, 2026, if the department determines that an
32 employer failed to use E-Verify system to verify the employment eligibility
33 of employees as required under this subchapter, the department shall:
34 (1) Notify the employer of the department's determination of
35 noncompliance; and
36 (2) Provide the employer with thirty (30) days to cure the
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As Engrossed: H4/9/25 HB1974
1 noncompliance.
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3 SECTION 3. DO NOT CODIFY. Effective date.
4 This act shall be effective on and after January 1, 2026.
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4 04-09-2025 10:25:31 CRH069Every fact on this page links to its source, starting with the official bill record.