Federal Contractor E-Verify Requirement and Related Implementation Rules

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End Mandatory E-Verify Expansion

AKA “Protect Small Businesses from Job-Killing Mandates”


Which agency/agencies promulgated the regulation? *
Rescind provisions that promote, mandate, or indirectly coerce participation in E-Verify, Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services (USCIS)
Which title, parts, and/or sections of the Code of Federal Regulations (C.F.R.) should be rescinded? *
Rescind provisions that promote, mandate, or indirectly coerce participation in E-Verify, particularly: 8 CFR §274a.2(b)(1)(viii) — Governs electronic employment verification and establishes compliance expectations that tie E-Verify to I-9 obligations. 48 CFR §52.222-54 — Requires federal contractors to use E-Verify as a condition of eligibility, under the FAR E-Verify clause, imposed by Executive Order 12989 and DHS rulemaking.
What is your name?
—OPTIONAL--
Is your proposed rescission a notice of proposed rulemaking, final rule, direct final rule, interim final rule, or interpretive rule? *
Final Rule
What is the name of the regulation being rescinded, if applicable? *
Federal Contractor E-Verify Requirement and Related Implementation Rules
Please provide a short summary of the justifications for the rescission. *
E-Verify is inaccurate, discriminatory, and burdensome. It produces false positives, harms authorized workers—especially naturalized citizens—and creates unnecessary liability for small businesses. Mandating its use through contracting rules or backdoor requirements imposes a flawed surveillance tool without meaningful immigration reform.
Please insert the address of the agency. [NPRM, DFR, and IFR only]
U.S. Citizenship and Immigration Services 20 Massachusetts Ave NW Washington, D.C. 20529
Please insert the contact information for the agency. *
USCIS: public.engagement@uscis.dhs.gov FAR Council: farpolicy@gsa.gov
What is the background for the regulation being rescinded? *
E-Verify began as a voluntary pilot program but was expanded via rulemaking and executive order to become effectively mandatory for many federal contractors and state-regulated employers. Despite serious accuracy problems and due process concerns, federal agencies have continued to promote its expansion without legislative mandate. Multiple studies show that E-Verify disproportionately flags U.S. citizens born abroad, introduces delays in hiring, and burdens smaller employers without sufficient HR infrastructure.
Explain the reasons for the rescission. *
No private employer should be forced to act as a proxy immigration enforcement agent. E-Verify substitutes data-matching for due process, and its false positives disproportionately impact workers of color and immigrants with legal status. Requiring its use as a contracting condition or de facto standard is harmful, ineffective, and unsupported by legislation.
Describe the text of the relevant C.F.R. provisions as it will exist after the rescission. *
Revised provisions shall: Remove 8 CFR §274a.2(b)(1)(viii) requirements tying I-9 process expectations to E-Verify participation Rescind 48 CFR §52.222-54 from the Federal Acquisition Regulation (FAR) to eliminate mandatory E-Verify clauses in federal contracts Reaffirm that E-Verify remains voluntary unless mandated by specific statute
Please insert the name of the current agency head. *
Kristi Noem
Please insert the title of the agency head. *
Secretary of Homeland Security

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