If enacted into law, federal E-Verify bills would preempt state and local laws, including criminal or civil penalties related to hiring, continued employment, or immigration status verification.

In 2011, the U.S. Supreme Court upheld Arizona's law that requires the use of E-Verify by Arizona employers, punishable by suspension or revocation of the employers' business license. Since then, similar bills have been introduced in Congress with varying results.

In the House, H.R.2885, the Legal Workforce Act, would have required all employers to use E-Verify to confirm all new employees' immigration status. It would have been phased in by size of employer from 6 months to two years after enactment. It exempted seasonal agricultural workers who return to work for previous agricultural employers, and required federal, state and local governments to verify all existing employees, not just new hires. It eventually died in committee.

In April of this year, this bill was reintroduced as H.R. 1772. In June, the committees sent it to the house as a whole for consideration.

In the Senate, S1196, the Achieving Accountability Through Electronic Verification Act, was introduced. It would have required federal departments, agencies and contractors to participate in E-Verify immediately and all U.S. employers to participate in E-Verify within one year of enactment. Employers would have had to re-verify existing employees within three years of enactment.

It too died in committee but was reintroduced at the beginning of this year as S. 202 and is currently being considered by the Senate Judiciary Committee.