HB 1705

This bill prohibits a state or local governmental employer from (i) appointing or hiring a prospective employee on or after July 1, 2026, without verifying the work authorization status of such prospective employee by using the E-Verify program; or (ii) adopting an ordinance, resolution, regulation, rule, policy, or guideline contrary to this bill. As used in this prohibition, a "state or local governmental employer"" means this state and any branch, unit, or political subdivision of this state, includin g all boards, local education agencies (LEAs), commissions, agencies, institutions, authorities, counties, municipalities, metropolitan governments, and other bodies politic and corporate of this state, created by or in accordance with state law or rule. E ach state or local governmental employer must maintain documentation of the E-Verify program inquiry results for each verified employee during the duration of employment showing that the employee is authorized to be employed by the employer. This bill allows the attorney general to investigate each credible allegation or complaint that a local government or LEA has violated this bill. If the attorney general has concluded that a local government is not in compliance, then the attorney gener al may enforce compliance by taking action to withhold all funds of the state that are allocated to the local government via grant, contract, or statute, including state-shared taxes. Additionally, if the attorney general finds that an LEA has violated t hi s bill, then the attorney general may take action against the local government that approves the budget of the LEA. ENFORCEMENT OF LOCAL GOVERNMENT ACTIONS FOR COMPLIANCE WITH LAW Present law authorizes the attorney general to review whether a local government action violates state law or the Constitution of Tennessee. If the attorney general concludes that a local government action so reviewed violates state law or the Constitut ion of Tennessee, then the attorney general must provide to the local government's chief executive officer, governing body, or other subdivision of the local government that adopted the local government action written notice identifying the specific statu to ry or constitutional provision that the local government action is deemed to violate. The local government is given a certain amount of time to remedy the violation before the attorney general may pursue legal action, which may lead to the commissioner o f finance and administration withholding all funds of the state allotted to the local government via grant, contract, or statute, including state-shared taxes, until the local government has resolved the violation. Present law defines a ""local government action, as used in the paragraph above, as an ordinance, regulation, or order adopted or promulgated by the chief executive officer or governing body of a local government or a regulation, rule, written policy, or written guideline adopted by any agency, department, or other subdivision of the local government. This bill adds to the definition of such term an alleged failure to comply with this bill, or another duty or requirement to comply with state law relatin g to immigration enforcement or persons unlawfully present in this state. ON MARCH 30, 2026, THE SENATE SUBSTITUTED HOUSE BILL 1705 FOR SENATE BILL 1922, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 1705, AS AMENDED. AMENDMENT #1 authorizes an employer that currently uses a third-party vendor for I-9 verification for prospective employees to continue to use such vendor, rather than the E-Verify program, until January 1, 2027. However, after that date, the employer m ust begin using E-Verify."