Representative David F. DeCoste filed House No. 2091, “An Act protecting Massachusetts workers,” on Jan. 15, 2025, proposing a requirement that employers verify the employment eligibility of newly hired employees through the federal E-Verify program.

The bill would add a new Section 19C to Chapter 149 of the Massachusetts General Laws. It defines covered terms (including “employer,” “employee,” “independent contractor” and “E-Verify program”), requires verification of new hires through E-Verify, and cross-references federal statutes for definitions—specifically 8 U.S.C. 1324a and 8 U.S.C. 1373(c). The bill also directs the attorney general to prescribe a complaint form and to investigate complaints alleging failures to verify or knowing employment of an unauthorized alien.

Under the proposed law, no employer may intentionally or knowingly employ an unauthorized alien. The attorney general or a district attorney who receives or accepts a complaint would investigate; investigations must verify an individual’s work authorization only with the federal government in accordance with 8 U.S.C. 1373(c). The bill bars state or local officials from making an independent final determination of an individual’s immigration or work-authorization status.

If, after investigation, a complaint is determined not to be false and frivolous, the attorney general or district attorney must notify U.S. Immigration and Customs Enforcement and local law enforcement of any unauthorized alien identified. The bill specifies criminal penalties for knowingly filing a false and frivolous complaint—up to a $500 fine, imprisonment up to 30 days, or both.

For employers found to have violated the verification requirement, the bill sets out escalating remedies. For a first violation, a court would order the employer to terminate employment of any unauthorized aliens, impose a three-year probationary period on the affected business location during which the employer must file quarterly compliance reports with the district attorney, and require the employer to file a sworn affidavit within three business days affirming E-Verify use and termination of unauthorized workers. The court also may order temporary license suspensions for licenses tied to the business location (up to 10 business days, in the court’s discretion, after weighing factors such as number of unauthorized workers, prior misconduct, duration of the violation and good-faith efforts to comply).

A second violation occurring during a court-ordered probationary period would trigger permanent revocation of licenses specific to the business location (or, if none applies, licenses at the employer’s primary place of business). The attorney general is directed to maintain copies of court orders and a database of employers with first violations on the attorney general’s website.

The bill creates a rebuttable presumption in favor of employers who verify employees through E-Verify and establishes that compliance in good faith with 8 U.S.C. 1324a(b) provides an affirmative defense against claims of intentionally or knowingly employing an unauthorized alien. The legislation also exempts employers from actions they reasonably believe would violate federal or state law.

House No. 2091 would tie state economic development incentives to E-Verify participation: recipients of such incentives must be registered with and participate in E-Verify and must provide proof of registration before receiving incentives. A government entity that determines an employer is not complying must notify the employer and allow an appeal; on final noncompliance the employer must repay incentive funds within 30 days.

Additionally, the attorney general would quarterly request from the U.S. Department of Homeland Security a list of Massachusetts employers registered with E-Verify and publish that list on the attorney general’s website. The attorney general must also develop a statewide random audit program to inspect employers for compliance and promulgate implementing regulations.

The bill was filed in the House and listed for referral to the Joint Committee on Labor and Workforce Development. It cites the sponsoring and endorsing legislators as Representative David F. DeCoste (5th Plymouth), Representative Marcus S. Vaughn (9th Norfolk) and Representative Marc T. Lombardo (22nd Middlesex). No committee action or floor vote is recorded in the provided document.