Mandatory E-Verify Act of 2026

Key Points

• This bill would permanently establish E-Verify and require every employer in the country to use it to check whether new hires are authorized to work in the United States. The system is currently voluntary for most businesses, but this would make it mandatory for all.
• The mandate rolls out on a staggered timeline based on employer size. The largest companies (10,000+ workers) must comply within 6 months; mid-size firms within 9 to 12 months; and the smallest businesses (under 20 employees) and agricultural employers within 18 months.
• Fines for hiring unauthorized workers jump dramatically. First-offense penalties rise from a current maximum of $2,000 to $5,000 per worker, and repeat offenders face fines up to $25,000 per worker. Criminal penalties for pattern-or-practice violations also increase to up to $30,000 per unauthorized worker and 18 months in prison.
• States would need to share driver's license photos and information with the Department of Homeland Security for E-Verify purposes. States that refuse to cooperate could lose eligibility for economic development grants and community development block grants.
• The bill creates new tools to fight identity theft, including blocking Social Security numbers showing unusual multiple use and letting parents lock their children's Social Security numbers from being used in the E-Verify system.
• The bill provides $100 million per year in mandatory funding from the Treasury for E-Verify operations, plus authorizes another $100 million per year in additional appropriations starting in fiscal year 2027.