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HB 3681

Relating to requiring certain public and private employers in this state to participate in the federal electronic verification of employment authorization program, or E-verify, and notice regarding certain persons whose eligibility to work in the United States cannot be verified; creating a criminal offense.

89th Legislature (2025) Introduced by David Lowe

Texas bill mandates all employers use E-Verify to confirm worker authorization and creates criminal penalties for violations, expanding federal immigration enforcement into state employment law.

Referred to State Affairs
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Bill Summary · HB 3681

Legislative bill overview

HB 3681 would mandate that public and private employers in Texas participate in E-Verify, a federal system that electronically confirms workers' employment authorization. The bill also creates criminal penalties for violations and establishes notice requirements when workers' eligibility cannot be verified.

Why is this important

E-Verify participation directly affects hiring practices and workplace compliance across Texas. This would expand federal immigration enforcement mechanisms into state employment law, potentially affecting millions of workers and thousands of employers, while raising questions about implementation costs, administrative burden, and legal challenges to employer mandates.

Potential points of contention

  • Federal vs. state authority: Whether states can mandate participation in federal immigration programs, and whether this conflicts with federal law's current framework where E-Verify is voluntary for most employers (mandatory only for federal contractors)
  • Business compliance burden: Small and large employers would face new administrative requirements, potential system costs, and liability for criminal penalties if procedures aren't followed correctly
  • Worker impacts: Increased verification requirements could disproportionately affect certain populations, create employment discrimination risks, and raise privacy concerns about data sharing between employers and federal databases
  • Implementation unclear: The bill doesn't specify which criminal penalties apply, who enforces them, or how disputes over verification results are resolved

Compiled from official sources — confirm details with the bill’s official record.

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