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Feb 4
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Idaho Legislature – VOTE NO on S1247 - Idaho E-Verify act (Posted: 02/04/26) Redone 02/21/26 🆕

VOTE NO on S1247 - Idaho E-Verify act  (but YES on H0584 or H0704)

ED NOTE
We previously favored S1247 (this bill). Better bills with enforcement and penalties are H0584 and H0704, with H0704 being best. Now that better bills with enforcement and penalties are available, we hope you'll vote NO on this one and YES on the better bills. Please see idahoimmigrationwatch.o… for detailed analysis and updates.

Summary (ai assisted)

E-Verify is a federal online system that allows employers to confirm employment eligibility by comparing information from an employee’s Form I-9, Employment Eligibility Verification, to records available to U.S. Department of Homeland Security and Social Security Administration.

S1247, the Idaho E-Verify Act, requires all public agencies, at state and local levels of government, to use the federal E-Verify program for hiring new employees. Private employers that do business with state and local government, if they have 150 or more employees and contracts valued at $100,000 or more, also must use federal E-Verify program for hiring new employees. Enforcement mechanisms and rulemaking by the Director of the Idaho Department of Labor and district courts are included to create incentives for compliance.

In essence, state and local public agencies and larger companies doing business with public agencies at taxpayer expense are required to vet their new hires using E-Verify (with exceptions, loopholes, etc.)

Definitions

The Idaho E-Verify Act sets out detailed definitions mainly designed to conform with federal law.

NOTE: Part of the definition for Employer gives us concern: “Employees of an independent contractor are not regarded as employees of the business entity” (and therefore are exempt from verification under this bill).

Requirements for Covered Employers

  • Covered employers must enroll in E-Verify by January 1, 2027 and verify employment eligibility of new hires according to federal statutes and regulations governing E-Verify.

  • It is unlawful for covered Idaho employers to knowingly hire, recruit, or refer for employment an employee not vetted with E-Verify.

  • Verification must occur within first three days after employee's first day of work for pay, or by first day of work if employment will last fewer than three days.

Enforcement and Violations

  • If director of the Idaho Department of Labor determines covered employer has not complied with verification requirements, director must notify covered employer in writing and provide at least 30 days to achieve compliance and submit evidence.

  • If compliance is not achieved, director may file a civil complaint in the district court of the county where covered employer resides or has its principal place of business.

  • Court proceedings rely solely on federal government's determination under 8 U.S.C. 1373(c) regarding whether an employee is an unauthorized worker.

  • Court may take judicial notice of prior federal verifications and request further federal verification.

  • No state or political subdivision officer may independently make a final determination of an alien's federal work authorization.

Upon a finding by clear and convincing evidence of a knowing violation:

  • Court orders termination of employment of every unauthorized worker.

  • Covered employer is subject to one-year probationary period statewide, requiring quarterly reports to director identifying each new employee hired in Idaho.

  • Covered employer must file a signed, sworn affidavit within three days stating that all unauthorized workers have been terminated and that employer will not intentionally continue employing unauthorized workers in Idaho.

For a covered employer (not a public agency) that is a party to a public agency contract and commits a second or subsequent knowing violation within three years, the court may find breach of contract and declare the contract terminated.

Defenses

  • No procedural mechanisms or legal defenses included in the E-Verify program or any other federal work authorization program are denied.

  • Compliance or attempted compliance establishes an affirmative defense that employer did not knowingly hire or employ an unauthorized worker.

  • Entrapment is an affirmative defense if proven by clear and convincing evidence that: (a) the idea originated with law enforcement or their agents; (b) law enforcement urged and induced the violation; and (c) the employer was not predisposed to commit the violation.

Exclusions

  • A contractor is not liable when its direct subcontractor violates this law.

  • Law does not apply to the relationship between a party and the employees of an independent contractor performing work for the party.

Interpretation

  • Immigration terminology and definitions match meanings under federal immigration law unless otherwise defined.

  • Law must be implemented consistent with federal laws, federal regulations, and interpretive case law governing immigration and civil rights.

Rulemaking Authority

  • Director may promulgate rules, subject to legislative approval, as necessary to carry out the law.

Fiscal impact

  • State and local government, and some private employers, may require additional onboarding work by HR personnel for new employees, and additional attorney contract drafting time for new government contracts.

  • Enforcement will require additional resources from department of labor and Idaho's courts.

Reason for Recommendation to Vote NO

Everyone has seen negative impacts of illegal immigration and employment on our country. We won’t belabor that here (see references below).

This bill is a good start at discouraging illegal immigration to Idaho because it helps stop taxpayer money-flow to both employers and illegal immigrants. Taxpayer funding of illegal immigrants must stop in Idaho!

However, we would like to see a stronger bill with stronger penalties (including fines) and fewer loopholes. Such bills have been proposed, including H0584 and H0704, with H0704 being best.

Loophole: Private employers generally are exempt from this program as long as they aren’t doing business with the government, which likely will reduce opposition from smaller enterprises. However, because this bill exempts subcontractors of contractors, it seems to create a huge loophole. What’s to stop contractors from moving all work to their subcontractors and becoming exempt from E-Verify requirements? Assuming we understand the exclusion correctly, we believe this loophole should be removed.

Still, S1247 is a good start.

Please consider a NO VOTE on S1247 and YES votes on H0584 and H0704, with H0704 being best for stronger penalties and reduced loopholes.

References

Big E’s Big Mouth Substack
Big E’s Big Mouth Substack
Idaho Legislature 2026 Bills to Support or Oppose
Feb 4
at
1:22 PM
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