Hawaii E-Verify: No State Mandate for Employers

Unlike states such as Arizona, Mississippi, and Tennessee, Hawaii has not enacted a statute requiring E-Verify enrollment for private employers. Hawaii Revised Statutes do not contain an E-Verify mandate in HRS Chapter 378 (Employment Practices) or related labor titles. Public employers and state contractors are not categorically required to use E-Verify under state law, although individual agencies may adopt internal policies. Employers must still complete federal Form I-9 for all new hires and verify identity and work authorization under federal IRCA rules. Federal contractors and subcontractors covered by Executive Order 12989 and FAR 52.222-54 must use E-Verify regardless of state law. Hawaii's legislature has not preempted counties from adopting E-Verify mandates, but no Hawaii county currently requires it. Bills to mandate or prohibit E-Verify use have been introduced occasionally but have not advanced.

Federal I-9 violations remain enforceable; no state E-Verify-specific penalties exist in Hawaii because the program is not mandated.