House committee approves lowering E‑Verify threshold from 150 to 100, sends HB 294 to the floor

Representative Tiara Auxier, sponsor of HB 294, told the committee the bill reduces the employer-size threshold for mandatory E‑Verify from 150 employees to 100, describing the change as “a doable change and moving in the right direction” to address identity theft and unlawful employment practices.

Auxier framed the proposal as a measured step: “My bill would be changing that, to if you have over a 100 employees,” she said, arguing the lower threshold is attainable for businesses and citing a Federal Reserve paper she said showed E‑Verify on the books reduced projected unauthorized workforce levels.

Why it matters: supporters say expanding E‑Verify helps deter identity theft and reduces the size of the unauthorized workforce; critics say the policy can place enforcement burdens on smaller employers and may worsen labor shortages in sectors such as agriculture and construction. Representative Wynne questioned employer impact and enforcement, asking whether the required checks would effectively make small employers “immigration law enforcement,” and warned about E‑Verify’s reliability and turnaround times for industries that hire quickly.

Public testimony reflected the split. Casey Hill of the National Federation of Independent Business told the committee NFIB members view 100 as a ‘‘reasonable number’’ and said the burden is manageable for businesses with more sophisticated HR systems. By contrast, Robert Babcock, a construction attorney, called the measure a “message bill” that would target immigrant workers and urged federal solutions; remote construction owner Craig Madsen said the measure would make it harder for employers to fill essential positions.

Committee action and votes: Representative Peterson moved amendment #1 to set the threshold at 100; the sponsor accepted the substitute and the committee adopted the amendment unanimously. Representative Peterson then moved that the committee recommend HB 294 favorably as amended; the roll-call vote passed 10–3 with Representatives Ballard, Matthews and Wynne recorded as opposing.

What’s next: HB 294, as amended to require E‑Verify for employers with more than 100 employees, was reported favorably and will proceed from committee to the next stage of floor consideration. The committee record shows continuing debate about enforcement mechanisms and sectoral impacts, and several members urged further stakeholder engagement before final enactment.