Immigration and citizenship

Executive Order 12989: Economy and Efficiency in Government Procurement Through Compliance With Certain Immigration and Naturalization Act Provisions

President: Bill Clinton

Linked federal contracting to employment-eligibility compliance; a 2008 amendment converted it into the current contractor E-Verify framework.

Status: In effect as amended by EO 13465.

Is Executive Order 12989 still in effect? Yes, as amended by EO 13465.

What does Executive Order 12989 do?

EO 12989 originally directed agencies to avoid contracting with employers that knowingly violated the Immigration and Nationality Act’s employment provisions and authorized compliance investigations and sanctions. EO 13286 updated department references. EO 13465 substantially amended the order in 2008 to require covered federal contracts to include use of a Homeland Security-designated electronic employment-verification system. DHS designated E-Verify, and the FAR implements the requirement with contract coverage and exceptions.

Administration position: The amended order imposes verification duties through covered federal contracts. It does not apply the federal-contractor clause to every employer or displace anti-discrimination protections.
SignedFebruary 13, 1996
Major amendmentEO 13465 in 2008
Verification systemE-Verify

Before and after

Before the order

Contractors already had statutory I-9 duties, but procurement lacked this government-wide compliance policy.

After the order

Covered contracts could carry employment-verification clauses and sanctions for noncompliance.

Who had to do what

Agency / officeActionTiming / position
Contracting agenciesInclude the E-Verify clause in covered contractsUnder current FAR rules
Covered contractorsUse E-Verify for specified workersDuring covered performance
Homeland SecurityOperate and designate the verification systemContinuing

What happened next

EO 12989 established the procurement policy.

EO 13286 updated agency references.

EO 13465 created the E-Verify requirement.