The 2026 Midterms and Form I-9: What Changes for Employers, and When

Democrats won majorities in both the U.S. House and Senate in the November 3, 2026 midterm elections, according to Ballotpedia, and flipped governorships in Georgia, Iowa, Ohio, and Texas. The party also took full control of state government in Michigan, Minnesota, Nevada, Pennsylvania, and Wisconsin, NBC News reported from Associated Press calls. The new Congress takes office January 3, 2027, and some House races were still being counted when this was published.

Nothing about Form I-9 or E-Verify changes because of the election. The I-9 rules, E-Verify, ICE inspections, and TPS decisions all run through the Department of Homeland Security (DHS), which the same administration still runs, and the immigration-related ballot measures that passed were about voting and cartels, not hiring. What the results do change is who decides the next round of funding, which bills get a vote, and which state legislatures can pass new worker rules in 2027. This piece walks through those dates in order.

December 11 Comes Before Any of the New Members Arrive

The current stopgap spending law, the Continuing Appropriations and Extensions Act, 2027, funds DHS only through December 11, 2026. It also carries E-Verify's legal authorization, which Congress has to renew on a schedule because the 1996 law that created the program set it up as temporary. The Congressional Research Service overview of the stopgap lists the E-Verify extension (Section 5014) among the immigration programs it keeps running for the length of the measure.

That vote belongs to the outgoing Congress, which keeps its current majorities until January 3, and a lapse would take E-Verify offline the way it did in past shutdowns. Our E-Verify shutdown guide covers what to do with Form I-9 and the three-day rule if the system goes dark, and it's worth having that plan written down before December 11 if you hire in a state that requires E-Verify.

What a New Congress Can and Can't Change

Starting in January, the new majorities can hold oversight hearings on ICE and USCIS, decline to move restrictive bills, and attach conditions to future DHS spending. The Mandatory E-Verify Act of 2026 (S. 4620), which would have required E-Verify for every employer in the country, has sat in the Senate Judiciary Committee since May 21, 2026. Like every bill that hasn't passed, it dies when this Congress ends on January 3, so a nationwide mandate would have to be reintroduced and start over under the new majorities.

Day-to-day enforcement is harder for Congress to touch. ICE's worksite work runs on multi-year money from this year's reconciliation law, the Secure America Act, which the same CRS report notes sits outside the regular DHS spending bill. Fragomen's post-election analysis reaches the same conclusion, that existing enforcement funding limits how much pressure a new Congress can put on ICE. Notices of Inspection, the substantive-violation standard, and the E-Verify Status Change Report all stay where they are unless DHS changes them or a court blocks them.

State E-Verify Laws in the States That Changed Hands

A new governor doesn't repeal a statute. Every E-Verify law below stays in force until a legislature changes it, and the bigger question in most of these states is what the 2027 sessions take up next. Our E-Verify requirements by state page has the full statute details.

Texas deserves the closest watch, because SB 324 passed the Texas Senate in April 2025 before stalling in the House, and the legislature meets again in January 2027. A revived version would now need the signature of a Democratic governor. Fragomen also expects new state obligations, including immigrant protections, and Colorado's HB26-1283 shows what those look like for HR, since it limits when employers can hold onto a worker's ID and adds a written notice requirement.

Hiring in More Than One State?

The election added a December deadline and a January session to a year that already had five new state E-Verify laws. Our compliance team can map which of your locations fall under which rule on a free compliance call, before the next change lands.

The January 1 Change the Election Didn't Touch

The biggest E-Verify change on the calendar comes from a law Tennessee signed in March. Public Chapter 622 extends the Tennessee Lawful Employment Act to employers with as few as one employee starting January 1, 2027, while the E-Verify requirement itself still starts at 35 employees. Employers with Tennessee locations should have that in their onboarding by the end of December.

TPS and the Courts Run on Their Own Clock

Court cases over TPS terminations weren't on the ballot and won't pause for the transition. Venezuelan TPS is the live one this month. On November 3, the Ninth Circuit put a district court order restoring the designation on hold for 14 days starting November 6, so Venezuela 2023 documents remain expired until USCIS posts new instructions. Our TPS guide for employers has the current status and I-9 steps for every designated country.

What HR Should Do Before January

1. Write down the E-Verify outage plan before December 11, especially for locations in states that require E-Verify.
2. Keep reverifying from USCIS guidance, not headlines. Court rulings and election results don't change an EAD until USCIS says so.
3. Update Tennessee onboarding for the January 1 expansion if you hire there.
4. Watch the January sessions in Texas and the five states with new Democratic control for E-Verify and worker-ID bills.

2026 Midterms and Form I-9 FAQ

Does the 2026 election change Form I-9?

No. Form I-9 rules come from DHS regulations and the USCIS handbook, and the election didn't change who runs DHS. Keep using the current form and the current document lists.

Will E-Verify become mandatory for every employer?

There's no federal mandate on the calendar, since the Mandatory E-Verify Act of 2026 never left the Senate Judiciary Committee and expires with this Congress on January 3, 2027, so it would have to be reintroduced. Mandates still come state by state, like Tennessee's on January 1.

Could E-Verify shut down in December?

It could if Congress doesn't extend funding past December 11, 2026, since E-Verify's authorization rides on the same stopgap law. The outgoing Congress has until that date to pass another stopgap or full-year spending bills.

Will ICE worksite enforcement slow down?

The election alone won't slow it, because ICE runs on multi-year funding from this year's reconciliation law, so inspections and Notices of Inspection continue, though a new Congress can add oversight and hearings.

Does Georgia's E-Verify law change with a new governor?

No. Georgia's requirement for private employers with 10 or more employees is a statute, and it stays in force unless the legislature amends or repeals it.

Questions About What This Means for Your Locations?

Our compliance team has been tracking federal and state I-9 and E-Verify rules for 28 years. Reach us here:

• Phone: (713) 668-6200 (Mon–Fri, 8 AM – 5 PM CT)
• Email: support@i-9intelligence.com
• Submit a ticket: i-9intelligence.com/submit-a-ticket