Idaho bill would require state, local government and public contractors to use E-Verify

BOISE (Idaho Capital Sun) — Under a new legislative proposal, Idaho state and local governments, as well as large private government contractors, would be required to check work authorization of their employees. 

Assistant Senate Majority Leader Mark Harris, R-Soda Springs, introduced a bill to create a new law mandating the use of E-Verify, a federal program meant to check whether an individual is authorized to work in the U.S. 

“Basically, it says if taxpayer dollars are involved, the employer must use E-Verify to address the legal status of their employees,” Harris said Friday in a Senate State Affairs Committee meeting. 

The committee unanimously introduced the bill, which allows it to come up for a public hearing. 

Idaho state agencies already had policy to check employee work authorization 

State agencies and state contractors have already been required to use the authorization system under a 2009 executive order from then-Gov. Butch Otter. The 2009 order largely focused on those receiving federal government stimulus funds, the AP reported at the time. 

Harris told the Idaho Capital Sun on Friday that the state had been using E-Verify and requiring contractors to do so, but he wanted to codify the requirement. 

“There’s a push to make businesses do E-Verify, and I think the government should lead the way,” Harris said. “I think this is a good step in that direction.” 

Under the requirements in the bill, contractors with state and local government that have more than 150 employees and are valued at $100,000 or more would be required to use E-Verify when hiring all employees. If the head of the state Department of Labor determined the contractor is in violation of the requirement, the agency director would need to provide written notice of the violation. 

If no evidence is submitted within 30 days of the notice that the employer is in compliance, the agency director may take court action against that contractor. 

If found to have violated the law, the court may order the employer to fire all unauthorized workers. That employer would be subjected to a one-year “probationary period,” during which they must file quarterly reports with the state Department of Labor identifying each new employee hired. 

If a government contractor violated the requirements within three years, their contract would be terminated. 

Idaho legislators previously pushed for universal E-Verify requirements amid employer concerns 

In 2024 and in 2025, Rep. Jordan Redman, R-Coeur d’Alene, proposed bills that would have required all public and private Idaho employers to use E-Verify in hiring. 

Neither of Redman’s bills advanced. 

Unauthorized workers make up a disproportionate share of the workforce in a number of industries in Idaho, and across the U.S., such as construction and agriculture. 

Idaho’s dairy industry largely employees immigrant laborers, and has reported that 90% of its workers are Spanish-speaking and not born in the U.S. Many of those workers do not have legal authorization because dairy labor is needed year-round, and dairy producers cannot utilize the same temporary, seasonal laborer visas that other agricultural industries use with the H-2A program. 

CEO of the Idaho Dairymen’s Association Rick Naerebout told the Sun last year that sectors in the state economy without access to the H-2A program would be put in “very precarious positions” Redman’s proposed universal E-Verify requirement. 

Idaho Home Builders Association state President Todd Webb told the Sun at the time that the association opposed the bill as it is written. 

Idaho Capital Sun is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Idaho Capital Sun maintains editorial independence. Contact Editor Christina Lords for questions: info@idahocapitalsun.com.