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S4620119th CongressWALLET

Mandatory E-Verify Act of 2026

Sponsored By: Senator Britt, Katie Boyd [R-AL]

Introduced

Summary

Mandatory, nationwide E-Verify system. This bill would create a single, DHS-run program to check identity and employment authorization for hires, recruits, and continuing employees while expanding data sharing and penalties.

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  • Families: Provides a secure self-check for individuals to confirm and correct their work-eligibility records, adds parental controls to suspend a minor's Social Security number for E-Verify, and creates routes to fix errors.
  • Workers: Sets fast timelines for results and contests with an initial response in 3 business days, a secondary-resolution goal within 10 business days plus a one-time 10-business-day extension, and a 10-business-day contest window before final nonconfirmation.
  • Employers: Would require attestation, document capture, photo matching where applicable, and use of E-Verify for hiring, referral, and continued employment; raises civil penalties (starting at $2,500) and expands criminal penalties up to $30,000 per unauthorized worker and up to 18 months imprisonment.
  • States and federal agencies: Expands DHS access to federal and state records including driver license data, conditions certain economic and community development grants on state cooperation, and requires annual funding for operations.

*Would increase federal spending by about $100 million per year to operate E-Verify and fund related interagency responsibilities.*

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 0 benefits, 1 costs, 4 mixed.

Higher fines and debarment for employers

If enacted, the bill would raise civil fines for verification violations to new ranges: $2,500–$5,000; $5,000–$10,000; and $10,000–$25,000. Paperwork fines would be $1,000–$25,000. The bill would add criminal penalties for a pattern or practice: fines up to $30,000 per unauthorized person and up to 18 months in prison. The Secretary or Attorney General could waive or reduce fines for good faith, must consider business size, and could propose federal debarment for repeat violators.

New employer verification duties and timing

If enacted, employers and recruiters would have to use E‑Verify on a phased schedule by size: 10,000+ start 6 months after enactment; 500–9,999 start 9 months; 20–499 start 1 year; 1–19 start 18 months; new employers start 1 year. Recruiters and referrers must start 1 year after enactment. Employers would be required to sign a Secretary‑prescribed attestation (within 6 months) that they examined ID and work‑authorization documents and recorded SSNs or passport numbers. E‑Verify would give a confirmation or tentative nonconfirmation within 3 business days. Workers would have 10 business days to contest a tentative nonconfirmation, and employers may not fire until a nonconfirmation is final. After a final nonconfirmation, employers would have 3 business days to end or decline employment. Six months after enactment, continuing to employ someone after a final nonconfirmation would create a rebuttable presumption of violation.

Permanent federal E‑Verify system

If enacted, the bill would create a permanent nationwide E‑Verify system run by DHS. The system would check Social Security records, passport and visa records, IRS employer ID records, and State driver's license/ID data (including photos). The President would send an implementation report within 180 days and then annual status reports. The Social Security Inspector General would complete audits within one year to look for SSN misuse and unauthorized work. The bill would also set definitions that decide who and which jobs are covered.

Self‑check and SSN fraud protections

If enacted, DHS would create a secure Self‑Check tool so individuals can verify and correct their employment‑eligibility records. The bill would let DHS block or suspend Social Security numbers that show unusual or compromised use until the owner proves identity. It would allow identity‑fraud victims and parents of minors to suspend or limit SSN use in E‑Verify (pilots allowed). The bill would expand criminal coverage for fake work‑authorization documents but would limit private compensation for E‑Verify errors to the Federal Tort Claims Act and bar class actions.

State grant rules tied to E‑Verify

If enacted, some Public Works and Community Development Block Grant funds could be withheld from States or local governments that do not give DHS access to driver's license or ID data or that do not cooperate in resolving verification inquiries. The CDBG change would take effect one year after enactment. The Secretary could require repayment of funds already received and reallocate amounts to other recipients.

Sponsors & CoSponsors

Sponsor

Britt, Katie Boyd [R-AL]

AL • R

Cosponsors

  • Sen. Cotton, Tom [R-AR]

    AR • R

    Sponsored 5/21/2026

  • Sen. Budd, Ted [R-NC]

    NC • R

    Sponsored 5/21/2026

  • Sen. Lankford, James [R-OK]

    OK • R

    Sponsored 5/21/2026

  • Sen. Graham, Lindsey [R-SC]

    SC • R

    Sponsored 5/21/2026

  • Sen. Tuberville, Tommy [R-AL]

    AL • R

    Sponsored 5/21/2026

  • Sen. Capito, Shelley Moore [R-WV]

    WV • R

    Sponsored 5/21/2026

  • Sen. Cruz, Ted [R-TX]

    TX • R

    Sponsored 5/21/2026

  • Sen. Blackburn, Marsha [R-TN]

    TN • R

    Sponsored 5/21/2026

  • Sen. Hyde-Smith, Cindy [R-MS]

    MS • R

    Sponsored 5/21/2026

Roll Call Votes

No roll call votes available for this bill.

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