New Jersey 2026-2027 Regular Session

New Jersey Senate Bill S3856

Introduced
3/10/26  

Caption

Prohibits the employment of unauthorized aliens and requires employers to use E-Verify program.

Impact

The legislation requires the establishment of a statewide auditing program that will inspect employers for compliance with the E-Verify requirements. Employers found in violation of this mandate may face civil penalties ranging from $100 to $1,000 per violation. Additionally, the bill specifies consequences for employers who knowingly or intentionally employ unauthorized aliens, including license suspension and probationary reporting requirements. This could significantly impact how businesses operate within the state, particularly regarding hiring practices and compliance with immigration-related regulations.

Summary

Senate Bill S3856, introduced in New Jersey, prohibits the employment of unauthorized aliens and requires all employers to use the E-Verify program for employment eligibility verification. The bill mandates that employers with 100 or more employees must comply with the E-Verify requirement immediately, while those with fewer than 100 employees must comply by December 31, 2021. This act aims to streamline the verification process and enhance enforcement against unauthorized employment in the state.

Contention

The bill has raised discussion and potential contention around the implications for employers and their compliance obligations. Advocates argue that the bill provides necessary tools for enforcing immigration laws and protecting jobs for authorized workers. However, there are concerns about the fairness and feasibility of relying on employment verification processes, particularly the potential for unintended consequences such as discrimination or administrative burdens on smaller businesses. The enforcement mechanisms and penalties also spark debate regarding the appropriate balance between immigration enforcement and the operational realities for employers.

Companion Bills

NJ S4221

Carry Over Prohibits the employment of unauthorized aliens and requires employers to use E-Verify program.

NJ A4638

Same As Prohibits the employment of unauthorized aliens and requires employers to use E-Verify program.

Similar Bills

No similar bills found.