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.
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.
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.
