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State E-Verify Statutes

author Published by Chris Pierce

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 States with red descriptions have passed law banning the mandating of state or local E-Verify or rescinded laws that implemented the free and easy-to-use electronic employment verification system.

Map of State E-Verify laws.

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.

Alabama HB 562011Requires 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


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 2011Prohibits municipalities from enacting or maintaining mandatory E-Verify ordinances.
Colorado SB 193

HB 1343

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.
FloridaSB 1718


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.
GeorgiaHB 87

SB 447

SB 529



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.
IdahoEO 2009-102009Requires 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.
IllinoisSB 1133

HB 1774

HB 1743


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.”
IndianaHB 1019

SB 590

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.
KansasSoS Memo2011The 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.
LouisianaHB 342

HB 646
2011Requires 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.
MichiganHB 53652012Requires contractors and subcontractors of the state HHS and DOT to use E-Verify.
Minnesota11-35902011Requires vendors and subcontractors with contracts in excess of $50,000 to use E-Verify.
MississippiSB 29882008Requires all employers, contractors, and subcontractors, to use E-Verify.
MissouriHB 15492008Requires public employers, contractors, and subcontractors to use E-Verify.
NebraskaLB 4032009Requires public employers, contractors, and businesses qualifying for state tax incentives to use E-Verify.
North Carolina HB 318

HB 786

HB 36

SB 1523



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.
OklahomaHB 18042007Requires public employers, contractors, and subcontractors to use E-Verify.
PennsylvaniaSB 6372012Requires public works contractors and subcontractors to use E-Verify.
Rhode IslandEO-02


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


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.
TennesseeSB 1965

HB 1378

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.
TexasSB 374

EO RP-80

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.
UtahHB 116

SB 251

SB 81


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.
VirginiaS 1049

H 737 

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 VirginiaSB 6592012Requires a single public employer who provides security at the State Capitol to use E-Verify.
Last Updated Jan. 11, 2024.

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