Idaho House Advances Bills Requiring E-Verify for all Employers

Proposed legislation aims to crack down on hiring of unauthorized workers, but faces legal questions

Published on Feb. 25, 2026

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The Idaho House Business Committee has approved two bills that would require all employers in the state to use the federal E-Verify program to check the work authorization of employees. The bills are part of a broader push by Republican lawmakers to enforce federal immigration laws at the state level, but legal experts warn the proposals may exceed the state's authority and risk being overridden by federal law.

Why it matters

Idaho's efforts to expand E-Verify requirements and impose penalties on employers who hire unauthorized workers reflect a broader debate over the role of states in enforcing federal immigration laws. While the U.S. Supreme Court has ruled that states can use business licensing laws to mandate E-Verify, legal experts caution that imposing criminal penalties may go too far and be preempted by federal authority over immigration.

The details

The two bills advanced by the Idaho House Business Committee would require all employers in the state to use E-Verify and create a new state-level misdemeanor crime for knowingly hiring unauthorized workers. Supporters argue the measures provide enforcement mechanisms to deter undocumented immigration, but opponents warn they could have significant economic consequences and face legal challenges over exceeding the state's authority.

  • The Idaho House Business Committee approved the two bills on Monday, February 24, 2026.
  • The bills are now headed to the full Idaho House for consideration.

The players

Idaho House Business Committee

The committee in the Idaho state legislature that approved the two bills requiring E-Verify for all employers.

Geoffrey Heeren

A law professor at the University of Idaho and director of the UI Immigration Litigation and Appellate Clinic, who warned the proposed legislation may exceed the state's authority over immigration laws.

Rebecca De León

A spokesperson for the ACLU of Idaho, who expressed concerns that the bills would exceed the state's authority and pose a threat to Idaho's immigrant community.

Jordan Redman

An Idaho state representative and co-sponsor of one of the E-Verify bills.

Jaron Crane

An Idaho state representative and co-sponsor of one of the E-Verify bills, who said he is confident the bill is constitutional.

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What they’re saying

“Federal law is explicit in that states do not possess broad authority to regulate immigration or enforce E-Verify mandates through civil or criminal sanctions, other than licensing and similar laws. Further expansion would likely be overridden by federal immigration law. This legislation poses a threat to our immigrant community and could have significant economic consequences for Idaho's workers and employers if passed.”

— Rebecca De León, Spokesperson, ACLU of Idaho (Idaho Capital Sun)

“The Constitution is very clear in its Supremacy Clause, that the federal law is supreme. Of course a court would need to look at these if there's a challenge that's filed... There is a preemption doctrine that could be an issue in litigation if one of these laws passed.”

— Geoffrey Heeren, Law Professor, University of Idaho (Idaho Capital Sun)

“We're just asking people to do their level best, to try and not hire illegal immigrants within the state of Idaho.”

— Kyle Harris, Idaho State Representative (Idaho Capital Sun)

What’s next

The two bills approved by the Idaho House Business Committee will now move to the full Idaho House for consideration. If passed by the House, they would then need to be approved by the Idaho Senate and signed into law by the governor.

The takeaway

Idaho's efforts to expand E-Verify requirements and impose penalties on employers who hire unauthorized workers highlight the ongoing tensions between state and federal authority over immigration enforcement. While the Supreme Court has upheld some state-level E-Verify mandates, legal experts warn that going beyond licensing penalties to impose criminal sanctions may exceed the state's authority and face legal challenges.