Passed: AR HB1974 - Arkansas Enacts Sweeping E-Verify Mandate Amidst Bias Concerns

Arkansas Adopts Controversial E-Verify Law: HB1974 Becomes Act 948

In a swift legislative maneuver, Arkansas has enacted HB1974, now Act 948, a bill that mandates state entities use the federal E-verify system to confirm the employment eligibility of new hires and prohibits them from employing individuals not authorized to work in the United States. The bill, titled "To Prohibit State Entities From Employing Unauthorized Aliens; To Establish The E-verify Requirement Act; And To Require State Entities To Use E-verify To Confirm Employment Eligibility," has ignited debate due to its rapid passage and significant concerns raised by LegiEquity's analysis regarding potential demographic biases.

The Bill's Purpose and Swift Journey

The core aim of HB1974 is to ensure that all individuals employed by Arkansas state agencies, boards, commissions, and institutions of higher education are legally authorized to work in the U.S. It achieves this by making the use of E-verify, a Department of Homeland Security program, compulsory for these entities.

The legislative journey of HB1974 was remarkably quick, underscoring a strong push for its passage.

April 2, 2025: The bill was filed in the House of Representatives. On the same day, rules were suspended, allowing for an immediate first and second reading before being referred to the House Committee on State Agencies & Governmental Affairs.
April 7, 2025: The House committee returned the bill with a recommendation that it "do pass as amended 1."
April 9, 2025: The bill was placed on second reading for amendment. House Amendment H1 was read and adopted, and the bill was ordered engrossed, then reported as correctly engrossed.
April 10, 2025: After its third reading in the House, HB1974 passed with a decisive vote of 76 Yea, 20 Nay, and 4 Not Voting. It was then transmitted to the Senate.
April 10, 2025 (Senate): The bill was received from the House, underwent its first and second readings with rules suspended, and was referred to the Senate Committee on State Agencies & Governmental Affairs.
April 14, 2025: The Senate committee recommended that the bill "Do Pass."
April 16, 2025: The Senate passed HB1974 on its third reading with a vote of 29 Yea to 6 Nay. The bill was then returned to the House as passed.
April 16, 2025 (Final Steps): The House noted the Senate's passage, and the bill was prepared for enrollment. It was correctly enrolled and transmitted to the Governor's Office.
April 21, 2025: HB1974 officially became Act 948.

This rapid progression, spanning less than three weeks from filing to becoming law, highlights the priority given to this legislation.

Key Players and Political Context

The bill was primarily sponsored by Representative Wayne Long (Rep, HD-039) and Senator Matt McKee (Rep, SD-006). Rep. Long has a LegiEquity effectiveness score of 20.0, while Sen. McKee holds a higher score of 60.0, suggesting Sen. McKee may have played a more influential role in navigating the bill through the legislative process. Co-sponsors included Rep. Mindy McAlindon (Rep, HD-010, effectiveness 55.0) and Rep. Rebecca Burkes (Rep, HD-011, effectiveness 60.0), all from the Republican party.

The bill did not have bipartisan support, as indicated by LegiEquity. The voting patterns in both chambers, with strong majority support but significant opposition, likely reflect partisan lines, given the all-Republican sponsorship.

Both the House Committee on State Agencies & Governmental Affairs and its Senate counterpart, which reviewed the bill, hold a LegiEquity power score of 100.0, indicating their critical role in shaping legislation in Arkansas. Their swift approval paved the way for the bill's passage.

LegiEquity Analysis: Significant Bias Concerns

LegiEquity's analysis of HB1974 raises serious concerns, flagging an Overall Impact of 80% Bias with High Confidence. This suggests the law, while facially neutral in its mandate for E-verify, is predicted to have disproportionately negative effects on certain demographic groups.

Specifically, the analysis highlights:

Race: 90% Bias, with a particular emphasis on the Latinx (LX) community (90% Bias). E-verify systems, while intended to confirm work authorization, have been criticized for error rates that can disproportionately affect foreign-born workers, many of whom are Latinx. Such errors can lead to wrongful denial of employment, creating significant hardship. Moreover, the fear of encountering system errors or facing heightened scrutiny could deter eligible individuals from these communities from seeking state employment.
Religion: 70% Bias, with a specific concern for individuals of Muslim (MU) faith (80% Bias). While the bill does not mention religion, laws focused on immigration status can sometimes lead to, or be perceived as leading to, profiling based on national origin or perceived religious affiliation, especially for individuals from Muslim-majority countries or those who are visibly identifiable as Muslim. This can create a chilling effect on employment applications and foster an environment of distrust.

These high bias scores suggest that the implementation of Act 948 may lead to discriminatory outcomes, regardless of the bill's stated intent. The reliance on E-verify, a system with known imperfections, coupled with the prohibition on hiring unauthorized aliens, could create systemic barriers for specific communities within Arkansas.

Broader Implications and Historical Context

Arkansas is not the first state to mandate E-verify for public or private employers. States like Arizona, with its controversial SB 1070 in 2010, and others have implemented similar measures, often citing concerns about undocumented immigration and the protection of jobs for legal residents. Proponents argue these laws uphold the rule of law and ensure fair competition in the labor market.

However, such laws have consistently faced criticism. Opponents argue that E-verify can be a blunt instrument, placing undue burdens on employers and employees, potentially leading to discrimination, and impacting industries reliant on immigrant labor. The accuracy of the E-verify database has been a persistent concern, with studies showing varying error rates that can disproportionately affect naturalized citizens and legal immigrants.

Historically, federal immigration law has largely been the purview of the U.S. government. State-level initiatives like Act 948 represent a growing trend of states taking a more active role in immigration enforcement, particularly through employment regulations. This often creates a complex and sometimes conflicting legal landscape.

The passage of Act 948 in Arkansas occurs within a national context of ongoing debate about immigration reform, border security, and the economic and social impacts of immigration. The law's focus on state entities means its immediate impact will be on public sector employment, but it sends a broader message about the state's stance on immigration and workforce regulation.

Looking Ahead

As Act 948 is implemented, its real-world effects will be closely watched. The concerns raised by LegiEquity regarding potential racial and religious bias will be a critical aspect to monitor. How Arkansas state agencies navigate the E-verify mandate, handle potential database errors, and ensure fair hiring practices under this new law will determine its ultimate impact on the state's workforce and its diverse communities. The story of HB1974 is a stark reminder of the complex interplay between legislative intent, systemic tools like E-verify, and the potential for unintended, disparate consequences.

LegiEquity analyzes proposed legislation to determine its potential impact on various demographic groups. Our goal is to provide objective insights into how laws may affect different communities.