New Mexico E-Verify Employment Verification Status

Unlike Arizona, Mississippi, or Tennessee, New Mexico has no statute requiring private employers to enroll in the federal E-Verify program. Employers in the state must comply with federal Immigration Reform and Control Act obligations including Form I-9 verification, but the state legislature has not enacted a statewide E-Verify mandate. Use of E-Verify by New Mexico employers remains voluntary, except where required by federal contracting rules under the FAR E-Verify clause for federal contractors. The state has not preempted local ordinances on the subject, leaving room for municipal employer rules, though no significant local mandates currently exist.

Because there is no state E-Verify mandate, there are no state-level penalties; federal I-9 violations remain enforceable by U.S. Immigration and Customs Enforcement.