Work Authorization: Arizona

This Work Authorization policy applies to employees in Arizona under Arizona's Legal Arizona Workers Act (LAWA), including A.R.S. 23-212, A.R.S. 23-212.01, A.R.S. 23-213, and A.R.S. 23-214, which require Arizona employers to use E-Verify and prohibit knowingly or intentionally employing unauthorized workers; it also reinforces a consistent, non-discriminatory approach to employment eligibility verification (including Form I-9) so your organization can meet legal requirements while setting clear expectations for candidates, new hires, and managers.

The History Behind Work Authorization Policies in Arizona

This Work Authorization policy reflects decades of federal and state enforcement that shape everyday Workplace Rules & Logistics for Arizona employers. Congress put the modern system in place with the Immigration Reform and Control Act of 1986 (IRCA), which created Form I-9, banned knowingly hiring unauthorized workers, and added anti-discrimination rules enforced through the Department of Justice's Immigrant and Employee Rights Section. Employers learned quickly that work authorization compliance is a two-sided risk, because over-documenting or treating people differently based on accent, name, or perceived citizenship can trigger liability even when the intent is "playing it safe."

Arizona then went further than federal law by turning E-Verify into a statewide requirement for employers. The Legal Arizona Workers Act (LAWA) took effect in 2008 and tied state business-license penalties to "knowingly" or "intentionally" employing unauthorized workers, with E-Verify as a central compliance tool. The U.S. Supreme Court upheld LAWA in 2011 in Chamber of Commerce v. Whiting, which gave Arizona employers a clear message: the state could use licensing consequences to enforce work authorization expectations, and E-Verify would be part of the baseline.

After that, Arizona kept refining the framework in state laws that set out definitions, enforcement mechanics, and penalties, and they also push employers toward consistent documentation practices that do not drift into discrimination. A simple, written policy became the practical response, because audits, employee tips, and vendor-driven E-Verify workflows weren't enough.

Which Law is the Work Authorization Policy Meant to Comply With?

If you create and distribute a Work Authorization Policy for your Arizona-based employees, it is in an effort to comply with Arizona's Legal Arizona Workers Act (A.R.S. 23-212), A.R.S. 23-212.01, A.R.S. 23-213, and A.R.S. 23-214.

How to Write an Arizona-Specific Work Authorization Policy

• Start with "why" and introduce the concept, explain that fair hiring and work authorization support compliance and an inclusive workplace.
• State that your organization follows federal and Arizona rules on employment eligibility and work authorization.
• Require every new hire to complete Form I-9 and be verified through E-Verify.
• Prohibit knowingly hiring unauthorized workers and explain that your organization will take legally required action if unauthorized work status is discovered.
• Commit to verifying work eligibility consistently for everyone, without discrimination based on national origin or citizenship status.
• Direct questions about work authorization to your HR team to avoid assumptions.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer. 

This is a "depends on your workplace" policy. Include it if you offer the benefit, operate in a setting where this comes up, have a state-specific rule that differs from your national approach, or you've had issues in this area before. If you already have a clear all-employee policy that covers the same ground (and it meets Arizona's requirements), you may not need a separate policy here. 

Other Considerations

The law applies to Arizona employers who have at least 1 employee in the US.

Exceptions

None.