What does Preamble of Mandatory E-Verify Act of 2026 do?

This bill, formally titled 'To permanently establish the E-Verify employment eligibility verification system, to mandate the use of E-Verify by all employers, and for other purposes,' aims to permanently establish the E-Verify system. The bill intends to mandate the use of E-Verify by all employers.

What does ESTABLISHMENT OF PERMANENT E-VERIFY. of Mandatory E-Verify Act of 2026 do?

This section amends Section 274A(d) of the Immigration and Nationality Act to permanently establish E-Verify. E-Verify will respond to inquiries regarding an individual's identity and employment authorization through a website, mobile application, or other electronic media. E-Verify will provide initial responses within 3 business days and a final confirmation or nonconfirmation within 10 business days, potentially with a 10-business-day extension. The Secretary of Homeland Security, in consultation with the Commissioner of Social Security, is responsible for establishing and administering E-Verify. The system must protect privacy and security, prevent discrimination, and limit verification to specific categories of individuals. The Commissioner of Social Security and the Secretary of Homeland Security must update information promptly and provide a process for correcting errors. The legislation explicitly prohibits the issuance or use of national identification cards. Individuals alleging dismissal due to E-Verify errors may seek compensation through the Federal Tort Claims Act and injunctive relief.

What does MANDATORY E-VERIFY FOR ALL EMPLOYERS. of Mandatory E-Verify Act of 2026 do?

This section mandates the use of E-Verify for all employers, recruiters, and referring entities hiring in the United States. Implementation timelines for E-Verify usage vary based on employer size, ranging from 6 months for employers with 10,000+ employees to 18 months for those with 1 employee or fewer. Agricultural labor and critical infrastructure sectors have specific exceptions and timelines for E-Verify implementation. Contracts involving labor must include certification that all parties use E-Verify after the applicable effective date. Employers previously required to use E-Verify, including federal contractors, must comply immediately upon enactment of this Act. The Secretary of Homeland Security can authorize entities responsible for critical infrastructure to use E-Verify.

What does PENALTY FOR FAILURE TO USE E-VERIFY. of Mandatory E-Verify Act of 2026 do?

This section establishes a penalty for failing to use E-Verify as required by the Act. Failure to comply includes not using E-Verify, violating section 3(b)(5), or providing false information to the system. Such failures are treated as violations of specific sections of the Immigration and Nationality Act (8 U.S.C. 1324a(a)).

What does ENHANCED PENALTIES FOR UNAUTHORIZED EMPLOYMENT. of Mandatory E-Verify Act of 2026 do?

This section amends Section 274A of the Immigration and Nationality Act. It modifies penalties for unauthorized employment, increasing the minimum and maximum fines. The Secretary of Homeland Security replaces the Attorney General in certain contexts related to these penalties. The bill allows for waiver or reduction of penalties if a violator acted in good faith. The size of a business is considered when assessing civil money penalties. Employers with repeated violations or convicted of related crimes may be proposed for debarment from federal contracts, grants, or cooperative agreements. Continued employment after a final nonconfirmation creates a rebuttable presumption of violation. Criminal penalties for a pattern or practice of violations are established, including fines and imprisonment.

What does E-VERIFY SELF-CHECK. of Mandatory E-Verify Act of 2026 do?

This section directs the Secretary of Homeland Security, in consultation with the Commissioner of Social Security, to establish a secure self-verification procedure for employment eligibility. The self-verification procedure must include safeguards to prevent misuse, including prohibiting employers from requiring employees or applicants to use the feature or provide results. Individuals will be able to contact the appropriate agency to correct or update information within the confirmation system.

What does E-VERIFY PROCESS. of Mandatory E-Verify Act of 2026 do?

This section amends Section 274A(b) of the Immigration and Nationality Act. It establishes requirements for employers, recruiters, and referral entities regarding employment eligibility verification. Employers must attest, after examining documentation, that individuals are not unauthorized aliens. Acceptable documents for verification include passports, permanent resident cards, and employment authorization cards. The Secretary of Homeland Security can regulate the use of documents and prohibit those deemed unreliable. Individuals have the right to attest to their employment authorization status and provide identification numbers. Employers receiving a tentative nonconfirmation from E-Verify must inform the individual and allow them to contest the result. Employers may not terminate or rescind employment offers based solely on a tentative nonconfirmation until it becomes final. The Secretary is authorized to issue regulations for an updated digital verification system.

What does GOOD FAITH DEFENSE. of Mandatory E-Verify Act of 2026 do?

This section amends Section 274A(a)(3) of the Immigration and Nationality Act to establish a 'good faith defense' for employers. An employer demonstrating good faith compliance with requirements under subsection (b) is not liable for employment-related actions taken in good-faith reliance on information provided through a system established under subsection (d). To qualify for this defense, an employer must also demonstrate compliance with subparagraphs (A) and (B) of paragraph (1) and subsection (b), unless the Secretary of Homeland Security proves, by clear and convincing evidence, that the employer knew an employee was unauthorized. The use of a reasonable, secure, and established technology to authenticate new employee identity is considered when determining good faith. Failure to seek verification of an individual's identity and work eligibility through the established mechanism can disqualify an employer from the good faith defense, with a special rule allowing for continued inquiry until verification is registered. If verification is not received within the specified timeframe after an inquiry, the defense does not apply after the end of that time period.

What does PREEMPTION. of Mandatory E-Verify Act of 2026 do?

This section amends Section 274A(h)(2) of the Immigration and Nationality Act. The amendment prohibits a State or unit of local government from preventing employers from using E-Verify. E-Verify can be used to verify identity and employment eligibility.

What does ACCESS TO INFORMATION. of Mandatory E-Verify Act of 2026 do?

This section defines 'E-Verify purposes' as preventing identity theft, fraud, and misuse of E-Verify, and administering and enforcing employment eligibility verification provisions. The Secretary of Homeland Security is granted access to Federal records for E-Verify purposes, notwithstanding certain laws. Federal agencies are required to cooperate with the Secretary of Homeland Security to resolve E-Verify inquiries and improve accuracy. States may provide driver's license information, including photographs, to the Secretary of Homeland Security for E-Verify purposes. The Secretary of Homeland Security is directed to maximize enrollment of States in information sharing agreements for E-Verify. Certain federal grant programs, including economic development assistance grants and community development block grants, are conditioned on states and local governments providing access to driver's license information and cooperating with E-Verify requests. If a state or local government fails to comply with these requirements, they may be required to return previously received grant funding.

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Mandatory E-Verify Act of 2026

Last updated: 5/21/2026 · Introduced: 5/21/2026

Author: Katie Britt (R-AL)

TL;DR (AI)

This bill mandates the use of the E-Verify system for all employers, recruiters, and referring entities in the United States, with phased implementation timelines based on employer size.
It permanently establishes E-Verify, requiring employers to verify the employment eligibility of new hires through the system and increasing penalties for unauthorized employment.
The bill expands the definition of ‘identification document’ to include documents meant to establish work authorization, strengthening fraud prevention measures.
It establishes a program to block Social Security account numbers flagged for misuse through E-Verify, providing additional security procedures for individuals using potentially compromised numbers.
The legislation prohibits states and local governments from preventing employers from using E-Verify and conditions certain federal grant programs on their cooperation with the system.

119th Congressin committeeOfficial page

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Includes provisions on preamble, establishment of permanent e-verify., and 14 more.

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