ExecutiveOrdersEO
EO 13465Executive OrderG.W. Bush · R Quiet signal

Executive Order 13465

Amending Executive Order 12989, as Amended

ImmigrationImmigrationEconomy & LaborEconomy & LaborFederal WorkforceFederal Workforce

In simple terms

This executive order amends a 1996 order to require federal contractors to use an electronic employment eligibility verification system (E-Verify) to confirm workers are legally authorized to work in the U.S. It mandates that contracting agencies include this requirement as a condition of federal contracts, with the Secretary of Homeland Security designated to administer the verification system.

Federal Register Open PDF 73 FR 33285

Record & deadlines

  1. Signed

    Signed by the President

  2. FR published

    Published in the Federal Register · 73 FR 33285

    Federal Register PDF

  3. Federal Acquisition Regulation amendments to implement debarment and verification responsibilities

  4. Rules, regulations, or orders to implement the order

Key directives

  • Contracting agencies must require contractors to agree to use DHS-designated electronic employment eligibility verification system
  • Verification applies to: (i) all persons hired during contract term to perform duties within U.S., and (ii) all persons assigned to perform work on Federal contract within U.S.
  • Secretary of Homeland Security shall administer, maintain, and modify the electronic verification system
  • Secretary of Defense, GSA Administrator, and NASA Administrator shall amend Federal Acquisition Regulation to implement debarment and verification responsibilities
  • Secretary of Homeland Security and Attorney General shall administer and enforce the order
  • DHS and DOJ may issue rules, regulations, or orders to implement the order after consultation with specified officials

Who is ordered

Prior policy

  • amendExecutive Order 12989 of February 13, 1996, as amended

Related orders

What to expect

Immediate

  • EO takes effect upon signing; new contract requirements apply going forward

Near term (90d)

  • Federal Acquisition Regulation amendments required to implement debarment and verification responsibilities

Long term

  • Systematic shift in federal procurement compliance standards; potential expansion of electronic verification infrastructure

Risks & tensions

  • No explicit calendar deadline for FAR amendments or rulemaking—implementation timeline uncertain
  • Potential tension between verification mandate and INA antidiscrimination protections (section 274B); order explicitly preserves antidiscrimination obligations but operational conflicts may arise
  • Burden minimization directive (Sec. 8(a)) may conflict with rigorous verification requirements
  • Intelligence/law enforcement protection clause (Sec. 8(b)) suggests system design constraints not fully specified
  • No private right of action created—enforcement relies entirely on federal agencies
Executive Order 13465: Amending Executive Order 12989, as Amended · Executive Orders