State E-Verify Statutes

February 7, 2024

E-Verify is an Internet-based system operated by U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration (SSA). E-Verify is currently free to employers and is available in all 50 states. It provides an automated link to existing federal databases to help employers determine the employment eligibility of new hires and the validity of their Social Security numbers.

While its usage remains voluntary for non-federal employers throughout the country, some states have passed legislation making its use mandatory for certain businesses, and more than half of all new hires now go through the system.

The following table identifies the states that have taken action against hiring illegal aliens by requiring some (or all) businesses to use E-Verify. If the state has passed legislation or Executive Orders relating to E-Verify, the law or EO should be hyperlinked under the “Bill” category. States with red descriptions have passed law banning the mandating of state or local E-Verify or rescinded laws that implemented the free and easy-to-use electronic employment verification system.

Without a doubt, passing sensible E-Verify legislation is the single most important step state legislators can take to curb the hiring of illegal aliens who wish to compete for jobs with American workers.

STATE	BILL	Passed	Description
Alabama	HB 56	2011	Requires all employers, public and private, to use E-Verify. Requires E-Verify use as a condition of being awarded any government contract, grant, or incentive. Sets penalty for noncompliance as a suspension or revocation of a business license or loss of a contract.
Arizona	HB 2745 HB 2779	2008 2007	Requires all contractors, and subcontractors to use E-Verify, excluding independent contractors, and prohibits government contracts to any businesses not using E-Verify. Requires all employers, public and private, to use E-Verify. Sets penalty for noncompliance as a suspension or revocation of a business license or loss of a contract.
California	AB 1236	2011	Prohibits municipalities from enacting or maintaining mandatory E-Verify ordinances.
Colorado	SB 193 HB 1343	2008 2006	Creates alternative “Department Program,” including random compliance checks – multiple exclusions apply. Sets penalty for noncompliance as contract cancellation and possible debarment. Requires all state agencies and contractors to use E-Verify. Prohibits government agencies from entering into contracts with employers who knowingly employ illegal aliens.
Florida	SB 1718 EO 11-02	2023 2011	Requires all private employers with at least 25 employees to use E-Verify. Failure to use E-Verify for more than three months over a 24-month period will result in a $1000 fine for every month of noncompliance. Requires state agencies, contractors, and subcontractors to use E-Verify.
Georgia	HB 87 SB 447 SB 529	2011 2010 2006	Requires all private businesses with more than 10 employees to use E-Verify. Failure to comply could result in suspending or denying a business license, occupational tax certificate, or other document required to operate a business in the state. Requires mandatory notification by public contractors and subcontractors of work status authorization of new hires within five days; Establishes annual audits of contractors to ensure compliance. Requires the phased-in use of E-Verify by public employers, contractors, and subcontractors through July 1, 2009.
Idaho	EO 2009-10	2009	Requires all state agencies to verify work eligibility of new employees; requires public contractors and subcontractors that receive state or federal funds to verify work eligibility status.
Illinois	SB 1133 HB 1774 HB 1743	2009 2007 2007	Prohibits Illinois or its localities from requiring employers to use E-Verify. Barred Illinois companies from enrolling in E-Verify. A Federal Court invalidated the bar in 2009. Allowed companies to use E-Verify but created “privacy and antidiscrimination protections for workers.”
Indiana	HB 1019 SB 590	2015 2011	Requires public works contractors to use E-Verify. Requires government agencies and contractors to use E-Verify. The bill also creates a state tax credit incentive for private employers to use E-Verify.
Kansas	SoS Memo	2011	The Office of the Kansas Secretary of State requires all contractors with that office to use E-Verify – the rest of the state declined to follow the practice.
Louisiana	HB 342 HB 646	2011	Requires all state contractors to participate in E-Verify and sets non-compliance penalties as contract cancellation and ineligibility for 3 years. Requires private employers to either use E-Verify or retain work authorization documents. Adds protections for employers who unknowingly hire illegal aliens while participating in E-Verify.
Michigan	HB 5365	2012	Requires contractors and subcontractors of the state HHS and DOT to use E-Verify.
Minnesota	11-3590	2011	Requires vendors and subcontractors with contracts in excess of $50,000 to use E-Verify.
Mississippi	SB 2988	2008	Requires all employers, contractors, and subcontractors, to use E-Verify.
Missouri	HB 1549	2008	Requires public employers, contractors, and subcontractors to use E-Verify.
Nebraska	LB 403	2009	Requires public employers, contractors, and businesses qualifying for state tax incentives to use E-Verify.
North Carolina	HB 318 HB 786 HB 36 SB 1523	2015 2013 2011 2006	Requires all state and local government contractors to use E-Verify. All contractors and subcontractors must use E-Verify, excluding employees whose contracts are shorter than nine months. Requires all counties, cities, and private employers with more than 25 employees to use E-Verify. Seasonal workers are excluded. Sets penalties to include civil fines. All state agencies and institutions, including universities, must use E-Verify.
Oklahoma	HB 1804	2007	Requires public employers, contractors, and subcontractors to use E-Verify.
Pennsylvania	SB 637	2012	Requires public works contractors and subcontractors to use E-Verify.
Rhode Island	EO-02 EO-01	2011 2008	Gov. Lincoln Chafee rescinds Gov. Carcieri’s Executive Order. Gov. Carcieri signs an executive order requiring state agencies, grantees, contractors, subcontractors, and vendors to use E-Verify.
South Carolina	HB 4813 SB 20 HB 4400	2012 2011 2008	Establishes a 24-hour hotline to report E-Verify violations. Requires all employers to use E-Verify. Requires all public employers and contractors to use E-Verify.
Tennessee	SB 1965 HB 1378	2016 2011	Requires mandatory E-Verify use for all employers with 50 or more employees. Requires all employers with 6 or more employees to use E-Verify or request new employees provide valid state ID.
Texas	SB 374 EO RP-80	2015 2014	Requires state agencies and institutions of higher education to use E-Verify. Requires E-Verify use by state agencies and contractors, at least with respect to those employees assigned to the contract.
Utah	HB 116 SB 251 SB 81	2011 2010 2008	Allows private employers to employ unauthorized aliens who hold a UT Guest Worker Permit (contingent on a federal waiver). Requires private employers with more than 15 employees to use status verification systems such as E-Verify. Requires public employers, contractors, and subcontractors to use E-Verify.
Virginia	S 1049 H 737	2011 2010	Requires public contractors and subcontractors with more than 50 employees to use E-Verify. Clarifies penalties for non-compliance with E-Verify. Requires state agencies to use E-Verify.
West Virginia	SB 659	2012	Requires a single public employer who provides security at the State Capitol to use E-Verify.

Last Updated Jan. 11, 2024.