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

Executive Order 13465

Amending Executive Order 12989, as Amended

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

Impact dates

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

  2. 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

Timeline

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