Mandatory E-Verify Act of 2026

Bill Number

S. 4620

Origin Chamber

Senate

Congress

119th Congress, Session 2

Policy Area

Immigration

Status

Introduced

Latest Action

2026-05-21: Read twice and referred to the Committee on the Judiciary.

Last Updated

2026-06-23T18:25:49Z

AI-Generated Summary

Purpose The legislation permanently establishes the E-Verify employment eligibility verification system and requires all U.S. employers to use it when hiring, recruiting, or referring individuals for employment. It aims to strengthen enforcement of employment authorization rules under the Immigration and Nationality Act.

Key Provisions

• Permanent E-Verify Establishment: Amends Section 274A(d) of the Immigration and Nationality Act to create a permanent system operated by the Department of Homeland Security (DHS), with responses within 3 business days for initial verification and up to 10 business days for secondary confirmation. It incorporates data from the Social Security Administration (SSA), Department of State, IRS, and state DMVs.
• Mandatory Use Timeline: Requires employers to use E-Verify based on size—6 months for those with 10,000+ employees, 9 months for 500–9,999, 1 year for 20–499, 18 months for 1–19, and 1 year for new employers. Agricultural labor is delayed until 18 months. Critical infrastructure employers must comply within 6 months. Recruiting and referring requirements begin after 1 year.
• Penalties and Enforcement: Treats failure to use E-Verify as a violation of existing law. Increases civil penalties for unauthorized employment (e.g., $2,500–$5,000 for first offenses) and adds debarment from federal contracts for repeat violators. Creates a rebuttable presumption of violation for continued employment after final nonconfirmation.
• Additional Features: Allows voluntary self-verification by individuals; requires reverification for limited work authorizations; mandates verification for certain previously hired government and contract employees; includes good faith defenses and preemption of state laws banning E-Verify use.
• Fraud Prevention and Oversight: Blocks misused Social Security numbers, enables suspension for identity theft victims, requires information sharing agreements, and mandates annual Inspector General audits and presidential reports to Congress. Provides $100 million annual funding transfers plus authorizations.

Significant Changes to Existing Law

• Converts the E-Verify pilot program (under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) into a permanent, mandatory system, repealing the pilot subtitle.
• Expands requirements beyond current voluntary or federal contractor use to all employers, with phased rollout.
• Raises penalty amounts, adds mitigation factors like business size, and introduces debarment authority.
• Enhances data access provisions, overriding certain privacy restrictions (e.g., IRC Section 6103 for IRS data) for verification purposes.
• Adds reverification and self-check mechanisms not present in prior law.

Potential Impacts

• Government Agencies: Requires expanded coordination among DHS, SSA, State Department, IRS, and state DMVs for data sharing and system operation; increases administrative costs and audit responsibilities.
• Citizens and Employers: Imposes compliance obligations on all businesses, with higher burdens on smaller employers during transition; may reduce unauthorized employment but could affect hiring processes and increase paperwork.
• International Relations: Indirect effects possible through stricter employment checks on foreign nationals, though no direct provisions address treaties or foreign governments.
• Broader Effects: Strengthens identity verification but raises data privacy and accuracy concerns due to expanded record access.

Main Stakeholders Affected

• All U.S. employers, including small businesses, agricultural operators, and critical infrastructure entities.
• Job applicants, current employees, and individuals seeking self-verification.
• Federal agencies (DHS, SSA, State Department, IRS) and state DMVs.
• State and local governments subject to information-sharing conditions for certain grants.
• Unions, labor contractors, and federal contractors.

Notable Legal, Constitutional, or Political Implications

• Preemption: Overrides state or local laws that prohibit E-Verify use, centralizing authority at the federal level.
• Privacy and Data Sharing: Mandates access to sensitive records (including photographs and tax data) despite existing protections, with safeguards against unauthorized disclosure.
• Due Process: Includes secondary verification processes, good faith defenses, and limits on termination before final nonconfirmation, but creates presumptions of violation in some cases.
• Constitutional Considerations: Raises potential issues around national identification (explicitly disclaimed) and equal protection if verification leads to discriminatory practices, though the bill includes anti-discrimination safeguards.
• Political Context: Focuses on immigration enforcement through employment verification without creating a national ID system.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Britt, Katie Boyd [R-AL]

Cosponsors (9)

Sen. Cotton, Tom [R-AR], Sen. Budd, Ted [R-NC], Sen. Lankford, James [R-OK], Sen. Graham, Lindsey [R-SC], Sen. Tuberville, Tommy [R-AL], Sen. Capito, Shelley Moore [R-WV], Sen. Cruz, Ted [R-TX], Sen. Blackburn, Marsha [R-TN], Sen. Hyde-Smith, Cindy [R-MS]

Recent Actions

• 2026-05-21: Read twice and referred to the Committee on the Judiciary.
• 2026-05-21: Introduced in Senate

Bill Versions

• Mandatory E-Verify Act of 2026 — issued 2026-05-21 — PDF (68 pages)