E-Verify Implementation on Track for September 8, 2009
Starting September 8, 2009, employers receiving federal contracts will be required to use the new E-Verify system to check their employees' authorization to work in the United States. This announcement comes after several delayed attempts by the Bush and Obama administrations to implement the E-Verify rule; however, their efforts were thwarted by a stay issued as part of a lawsuit blocking implementation of the E-Verify rule. However, the stay has been lifted, the Obama administration has announced its support for the rule, and it appears that it really will go into effect this time. Really. We're not kidding.
Employers take note: the new E-Verify rule will only affect federal contractors and subcontractors who are awarded a new government contract after September 8, 2009 and that includes E-Verify clause. Federal contractors may NOT use E-Verify to verify current employees until they receive a contract with the E-Verify clause.
For more information on E-Verify, click here to visit the U.S. Citizenship and Immigration Service's E-Verify Website.
Another Day, Another E-Verify Delay
It seems like just a couple days ago that we reported that implementation of the E-Verify System was delayed until June 30. Actually, it was a couple days ago. Well, you can forget that; the The Department of Homeland Security’s Citizenship and Immigration Service (USCIS) has announced that it will delay mandatory use of E-Verify, this time until September 8, 2009. Click here to read the USCIS's press release on the delay.
Why the delay? For once, it's okay to blame the lawyers: the parties in a lawsuit over the legality of E-Verify, Chamber of Commerce of the United States of America, et al. v. Napolitano, agreed to delay implementation of the rule from June 30 until September 8 to give the Obama administration more time to review the case and determine its position. Initially, federal contractors were supposed to start using E-Verify on January 15, but the rule has been postponed, and postponed, and postponed again. Keep watching the World of Work's continuing e-verify coverage to see if the new September 8 date will stick, or whether there will be more delays.
Proposed Law Would Suspend Federal Contractors that Employ Unauthorized Aliens
Federal contractors take note: a new bill recently introduced in the House of Representatives aims to suspend or debar contractors found to employ unauthorized aliens. The bill, the Border Control and Accountability Act (H.R. 1668), was introduced by Rep. Ginny Brown-Waite (R-Florida) earlier this year. The bill also would prohibit the Department of Homeland Security from contracting with companies that do not use E-Verify. The World of Work will continue to follow this and other legislation that may impact your workplace.
E-Verify Delayed Yet Again!
Still another delay for implementation of the mandatory E-Verify system for federal contractors. The Department of Homeland Security’s Citizenship and Immigration Service (USCIS) announced for a third time that it will delay mandatory use of E-Verify, this time until June 30, 2009. Click here to read the USCIS's press release on the delay. Click here for the World of Work's continuing e-verify coverage.
Major Budget Increases for Federal Labor and Employment Enforcment Agencies
The Obama Administration has released its fiscal year 2010 budget request. Among the items are several increases for the federal agencies that oversee labor and employment matters. Here are some highlights:
- $104.5 billion to the Department of Labor, an increase of 10 percent, to increase its staff and enforcement activity.
- $283 million for the National Labor Relations Board, an increase of 7.9 percent.
- $267 million for the Equal Employment Opportunity Commission, an increase of 6.6 percent, to increase staffing.
- $145 million of the Justice Department's Civil Rights Division, an increase of 18 percent.
- $112 million to the Department of Homeland Security for the E-Verify program.
Assuming they are passed by Congress, these increases reverse a long trend under the Bush Administration to cut funding to the federal agencies that enforce labor and employment laws. Employers can expect increased enforcement of those laws by the federal government in the years to come.
E-Verify Delayed (Again) Until May 21
Another delay for implementation of the mandatory E-Verify system: The Department of Homeland Security's Citizenship and Immigration Services announced today that it will delay mandatory use of E-Verify until May 21, 2009. Click here to read DHS's press release. Why the delay? The Obama Administration wants additional time to review this and other rules that carried over from the Bush era.
As previously reported in the World of Work, President Bush's executive order would have made using E-Verify mandatory starting January 15, 2009 for federal contractors with projects exceeding $100,000 and for sub-contractors with projects exceeding $3,000. A coalition of employer's groups sued, seeking an injunction against the rule. Because of the lawsuit, the effective date of the new rule had previously been delayed until February 20, 2009.
Time Out for E-Verify: Mandatory Use Rule Suspended Until February 20
Federal contractors take note: the rule requring mandatory use of the E-Verify system has been suspended until at least February 20, 2009.
As previously reported in the World of Work, President Bush's executive order would make using E-Verify mandatory starting January 15, 2009 for federal contractors with projects exceeding $100,000 and for sub-contractors with projects exceeding $3,000. A coalition of employer's groups sued, seeking an injunction against the rule.
The parties reached an agreement with the U.S. Department of Justice to delay the effective date of the new rule until February 20, 2009 – allowing time for an expedited hearing on the merits of the plaintiffs' legal case. The Federal Court has accepted that agreement on January 12, and set up a briefing schedule that should have everything worked out by the new implementation date. If you like reading legal documents, click to read the court's order. And as always, watch the World of Work for more updates.
Business Groups Sue to Block E-Verify Rule
The Society for Human Resource Management, the U.S. Chamber of Commerce, and three other groups filed a lawsuit late last month challenging the legality of an executive order that requires federal contractors to use E-Verify, the federal government's Web-based system that uses Social Security files to ensure that employees are legal immigrants or citizens eligible to work in the United States. Click here to read a copy of the complaint: Chamber of Commerce of the United States of Am. v. Chertoff, D. Md., No. 8:08-cv-03444-AW (12/23/08).
President Bush signed an executive order in June that made E-Verify mandatory starting January 15, 2009 for federal contractors with projects exceeding $100,000 and for sub-contractors with projects exceeding $3,000. The lawsuit seeks an injunction against the January 15 implementation of the executive order.
According to SHRM's press release, the system isn't ready for widespread use and would place an unreasonable burden on employers. “This massive expansion of E-Verify is not only bad policy, it’s unlawful,” according to a U.S. Chamber of Commerce's press release. “The Administration can’t use an Executive Order to circumvent federal immigration and procurement laws. Federal law explicitly prohibits the secretary of Homeland Security from making E-Verify mandatory or from using it to re-authorize the existing workforce.”
The World of Work will be watching this lawsuit, and we'll post updates as they occur. For now, it's safest to assume that the order will take effect January 15 and that contractors will be required to use the system. If that changes, we'll let you know.
