State Rep. Josephine Garcia, R-Watertown, listens to a speaker in the South Dakota House of Representatives at the Capitol in Pierre on Feb. 10, 2026. At left is Rep. Karla Lems, R-Canton. (Photo by Makenzie Huber/South Dakota Searchlight)

The South Dakota House of Representatives voted 49-13 on Thursday to require the use of E-Verify by employers in the state to check employees’ eligibility to work in the United States.

E-Verify is a free federal government website that compares records from the U.S. Department of Homeland Security and the U.S. Social Security Administration to the information on an employee’s I-9, which is an employment verification document that must be filed by employers for all new employees, including U.S. citizens.

If there’s a discrepancy between I-9 information and records uncovered through an E-Verify check, employers are notified and employees have a chance to correct the discrepancy.

The federal government and its contractors are required to use E-Verify. If House Bill 1209 becomes law, South Dakota would be the 10th state to mandate E-Verify use by all employers. The bill now heads to a state Senate committee.

The bill, from Rep. Josephine Garcia, R-Watertown, would also empower South Dakota’s attorney general to investigate employers and fine them up to $2,000 for each time they fail to use the system.

“This is a common sense measure to protect American workers,” Garcia said.

Some lawmakers bemoaned the administrative hassle for employers who’d be forced to file I-9 forms and use E-Verify, and others thought there ought to be exceptions.

Rep. John Shubeck, R-Beresford, said he wants to offer an amendment to state senators to exempt employers from using E-Verify on teenagers.

“I do think we need those carveouts for that, because I often hire high school kids, and I don’t want to verify my own children,” said Shubeck.

Rep. Eric Emery, D-Rosebud, said he’s used E-Verify, but is concerned about errors in situations when the system has old data. 

“It is a very quick system when it works, but it does have a lot of flaws,” Emery said. 

Canton Republican Rep. Karla Lems said E-Verify would offer some peace of mind to people who worry that large employers hire people who are not legally allowed to work in the country.

“It will just give someone relief to some of us that question some of those industries and who they’re employing,” Lems said.

Some opponents, however, suggested that a mandate to use E-Verify would serve more as a symbolic gesture on immigration than an impactful policy change. 

“To think that we’re going to solve immigration problems with this bill, I see as very optimistic,” said Rep. Mike Stevens, R-Yankton.