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State Legislature

North Dakota Lawful Employment Verification and Reporting Act

Status: PassedState: North DakotaIssue: Immigration
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Summary

Requires North Dakota employers to federally verify new hires’ work authorization, retain records, and report unresolved mismatches. It bars discriminatory screening, allows penalties for knowing violations, and provides a safe harbor for first-time good-faith errors.

Full text

This Act requires each employer in North Dakota, as a condition of hiring a new employee, to verify the employee’s authorization to work in the United States through the federal E-Verify system or another federally approved process, while prohibiting verification based solely on an individual’s race, national origin, or accent. Employers shall retain verification records for three years or the duration of employment, whichever is longer, and report unresolved federal work-authorization mismatches to the appropriate state agency within 30 days after providing the employee an opportunity to correct the record. The agency may assess civil penalties for knowing violations, provide a safe-harbor period for first-time good-faith errors, and coordinate enforcement with federal authorities without creating any separate state immigration-status determination.

Judicial Review

No judicial review

No Supreme Court cases are currently attached to this law.

No cases filed.

Sponsor

Walter LeBlancRepublican Party

Cosponsors

None yet
Archived proceedingsNorth Dakota Chamber
Debate in progress

North Dakota Lawful Employment Verification and Reporting Act

Floor statements
9
Speakers
5
Chair bulletins
3

Floor statements

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Chamber bulletin
This bill awaits the Governor's action. Deadline: 2026-08-18 14:05:00 (UTC).
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Chamber bulletin
Voting is now open for 72 hours.
Closes:
Members may vote Aye, Nay, or Present. Results are visible in real time.
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Floor debate is open for 72 hours.
Opened:
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This bill has been enacted via no action (pocket pass) at the Governor review deadline.
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Result: passed.
Aye: 62 seats
Nay: 38 seats
Present: 0 seats
Total seats: 100
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Mr. Speaker, I rise in support of this bill because orderly hiring and fair treatment are not competing goals. As previous speakers have noted, an unresolved mismatch is not proof of wrongdoing; it is a reason for careful follow-up. This measure gives employers that opportunity, protects good-faith mistakes, and still holds accountable those who knowingly violate the law. Just as importantly, it bars discriminatory screening, so verification is applied consistently rather than used as a pretext. North Dakota deserves an employment system that is lawful, practical, and credible, and this bill moves us in that direction.
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Mr. Speaker, I support the principle before us: lawful employment should be orderly, and employers should not be forced to compete with those who ignore the rules. But as this debate has rightly emphasized, fairness requires guardrails. A mismatch is not proof of wrongdoing, and a good-faith employer should have a chance to correct an error before facing penalties. The bar on discriminatory screening is essential; we must enforce the law without judging workers by name, accent, or appearance. This bill respects both accountability and human dignity, and I urge its adoption.
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Mr. Speaker, I rise in support of this bill. As Mr. LeBlanc noted, lawful employment should be orderly and fair—but fairness means protecting employers and workers from careless enforcement as well. This measure focuses on new hires, preserves records, requires reporting only when mismatches remain unresolved, and provides a safe harbor for a first good-faith mistake. Just as importantly, it bars discriminatory screening. North Dakota deserves a system that respects federal law without inviting arbitrary treatment. We can uphold the rule of law, protect legitimate businesses, and maintain public trust by making compliance clear, consistent, and accountable.
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Mr. Speaker, North Dakota believes in work, but work must be lawful and honest. This bill asks employers to verify new hires through the federal system, keep the records, and report unresolved mismatches—nothing more radical than knowing who is authorized to be on the payroll. It also protects employers who make a good-faith first mistake and bars discriminatory screening, which matters because enforcement must be disciplined, not reckless. We cannot demand secure borders while tolerating an underground labor market. This is a practical state standard: responsibility for employers, fairness for workers, and fewer incentives to break the law.
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