Issue explainer

E-Verify and Workplace Immigration Enforcement in Texas

E-Verify is a federal online system that checks whether a new hire can legally work in the U.S. Texas requires it for state agencies and some others, but not for most private businesses. Voters disagree on whether to require it for everyone and how hard to press worksite enforcement.

The basics

Since the Immigration Reform and Control Act of 1986, employers have had to check new hires' identity and work eligibility using Form I-9¹. E-Verify began as a pilot program in 1997 and got its current name in 2007¹. It compares a new hire's I-9 information with federal records¹.

E-Verify is voluntary for most employers nationwide, but as of September 2024, 21 states had laws requiring certain employers to use it¹. More than 1 million employers were enrolled by 2021¹.

Worksite enforcement is run by U.S. Immigration and Customs Enforcement (ICE). It includes I-9 paperwork audits of employers and operations at job sites². On June 4, 2025, ICE arrested 25 people at two construction sites in South Padre Island and Brownsville².

Builders and some local officials in Texas have said job site operations are causing labor shortages and delays³. Supporters of enforcement say illegal hiring undercuts fair wages and legal workers²⁴.

Key terms

E-Verify: A free federal online system run by U.S. Citizenship and Immigration Services that checks a new hire's work eligibility against government records¹.
Form I-9: The federal form every U.S. employer must complete for each new hire to record identity and work eligibility, required since 1986¹.
Worksite enforcement: ICE actions aimed at illegal employment, including I-9 audits of businesses and arrests at job sites².
287(g) agreement: A contract that lets local officers such as county jail staff perform some federal immigration duties. A 2025 Texas law requires certain sheriffs to seek one⁵.

In Texas

Texas law requires E-Verify for state agencies, public universities, and sexually oriented businesses, and state contractors must enroll to qualify for public contracts, according to the Senate's bill analysis⁴⁸. Federal law already bars hiring unauthorized workers¹. On April 30, 2025, the Texas Senate passed Senate Bill 324, which would have required all public and private employers to use E-Verify, with administrative penalties and a possible one year ban from state contracts for violators⁴. The bill was referred to the House State Affairs Committee on May 2, 2025, and did not advance further⁶.

Texas employers use E-Verify widely on their own. As of December 31, 2025, Texas had 87,246 enrolled employer agreements and ran 3,681,341 E-Verify cases in federal fiscal year 2025⁷.

A separate 2025 law, Senate Bill 8, requires certain Texas sheriffs to enter 287(g) agreements with ICE. It was signed on June 20, 2025, and took effect January 1, 2026⁵.

How people see it

The strongest case for each view, in terms its supporters would recognize. We don't pick a side.

Scale back worksite raids

Critics of raids say they frighten legal workers and citizens, leave job sites empty, and raise building and housing costs. They would rather create legal work visas for industries short on labor and focus enforcement on employers who abuse workers.

Keep E-Verify voluntary, target bad actors

Many business owners say E-Verify can be fooled by borrowed identities and adds cost and delays for small firms. They support enforcement against employers who knowingly hire unauthorized workers, but not a new mandate on every business.

Require it for government and contractors

This is roughly current Texas law, which covers state agencies, public universities and state contractors. Supporters say government should lead by example and require it where taxpayer money is spent, while leaving private businesses free to choose.

Require E-Verify for all employers

Supporters say universal E-Verify is the most cost effective way to reduce illegal immigration, because jobs are the main draw. They note that nearly all workers clear quickly and that states such as Arizona, Georgia and Florida already require it for all or many private employers.

Mandate E-Verify and expand enforcement

Supporters say a mandate only works if it is enforced, through more audits, fines and job site operations. They argue illegal hiring drives down wages and rewards employers who break the law.

Who decides

U.S. Congress: Could make E-Verify mandatory nationwide and sets penalties for illegal hiring.
President and Department of Homeland Security: Run E-Verify and decide how aggressively ICE audits employers and conducts job site operations.
Texas Legislature and Governor: Decide which Texas employers must use E-Verify and how state law enforcement works with ICE.
County sheriff: Operates the county jail and, under 2025 state law, may be required to hold a 287(g) agreement with ICE.

Questions to ask a candidate

Should Texas require all private employers to use E-Verify, as the Senate voted to do in 2025?
How would you balance immigration enforcement with labor shortages in construction and agriculture?
Should penalties fall mainly on employers, workers, or both?
Do you support local jails working with ICE through 287(g) agreements?

Last reviewed 2026-09-26. Spotted something wrong? Every claim links to its source so you can check it yourself.

Sources

History and MilestonesE-Verify (U.S. Citizenship and Immigration Services)
ICE Rio Grande Valley conducts worksite enforcement operation resulting in 25 arrestsU.S. Immigration and Customs Enforcement
Construction site ICE raids hurting economy and building industryTexas Public Radio
Bill would require E-Verify for all employers (Texas Senate News, April 30, 2025)Texas Senate
Bill history: SB 8, 89th LegislatureTexas Legislature Online
Bill history: SB 324, 89th LegislatureTexas Legislature Online
E-Verify Usage StatisticsE-Verify (U.S. Citizenship and Immigration Services)
Bill analysis: SB 324 (as filed), 89th LegislatureTexas Senate Research Center