Texas Mandates E-Verify Use for Contractors, State Agencies

Author: David B. Weisenfeld, XpertHR Legal Editor

December 15, 2014

Texas Governor Rick Perry has issued an executive order requiring all state agencies to use the federal E-Verify system to confirm the work eligibility of current and prospective employees. The executive order also applies to any employer contracting with a state agency or its subcontractors. The order is effective immediately.

Four years ago, Governor Perry said, "E-Verify would not make a hill of beans' difference when it comes to what's happening in America." But in announcing his executive order, he cited improvements to the electronic verification system that make it more effective. Seventeen Texas state agencies, including the governor's office and major state universities, already use the E-Verify system.

In June 2014, the United States Citizenship and Immigration Services (USCIS) released three new enhancements to E-Verify. Two of them were created as a result of suggestions submitted by employers on E-Verify Listens, a web-based forum that provides individuals with an opportunity to discuss and submit ideas on how E-Verify may be improved. The Texas E-Verify order comes just a few weeks after President Obama's November 20 executive order, which could allow up to five million undocumented immigrants to remain in the US if they meet certain conditions.

Texas has filed a lawsuit with 16 mostly southern states states seeking to block the president's executive order. Most of these states have mandatory E-Verify laws on the books. Nine states go further than Texas and require all or most employers to use the federal E-Verify system to confirm work eligibility. These states include:

  • Alabama;
  • Arizona;
  • Georgia;
  • Louisiana;
  • Mississippi;
  • North Carolina;
  • South Carolina;
  • Tennessee; and
  • Utah.