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Houston, TX Immigration Policy: E-Verify Mandates (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Federal mandate scope
Federal contractors only
Texas state mandate
State agencies and contractors
Houston city mandate
None enacted
Voluntary use
Allowed for any employer
Form I-9
Required for all employers

Summary

Texas has no statewide E-Verify mandate for private employers. Houston has not adopted a city requirement either, so private employers may use E-Verify voluntarily. Only state agencies and certain state contractors must enroll.

Sec. 673.002. VERIFICATION. A state agency shall register and participate in the E-verify program to verify information of all new employees. Added by Acts 2015, 84th Leg., R.S., Ch. 425 (S.B. 374), Sec. 1, eff. September 1, 2015.

Source: USCIS E-Verify ProgramView official code

Full Breakdown

E-Verify is a voluntary federal program for confirming employment eligibility. Federal law mandates participation only for federal contractors under FAR 52.222-54. Texas Governor's Executive Order RP-80 (2014) and later Executive Order GA-22 require Texas state agencies and certain state contractors to use E-Verify, but no Texas statute imposes a mandate on private employers. Houston has not enacted a city-level requirement covering private businesses. Private employers may enroll through USCIS voluntarily. Workers must receive notice and an opportunity to contest tentative non-confirmations under federal E-Verify rules. Federal Form I-9 employment verification remains mandatory for all employers regardless of E-Verify enrollment.

Violations & Fines

Federal contractors who fail to enroll face contract debarment. Misuse of E-Verify, including pre-screening applicants or running checks on existing workers, violates federal program rules and risks termination of E-Verify access plus discrimination claims under federal IRCA anti-discrimination provisions.

Frequently Asked Questions

Does Houston require employers to use E-Verify?
No. Neither Texas nor Houston requires private employers to use E-Verify. Only state agencies and certain state contractors must enroll under Texas executive orders. Federal contractors must enroll under federal rules.
Can a Houston employer use E-Verify voluntarily?
Yes. Any Houston employer may enroll through USCIS. Employers must give workers notice of tentative non-confirmations, allow contest, and avoid pre-screening or selectively running checks on existing workers.

Sources & Official References

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