Mandatory E-Verify Participation Put On Hold
Under a final rule issued November 13, 2008, the United States government (specifically, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council) amended federal procurement regulations to require federal contractors to verify worker employment eligibility through the Department of Homeland Security's E-Verify system. This final rule was the result of an executive order that President Bush issued last year mandating use of the system to address, in part, the problem of employment of illegal aliens.
The new rule requires government contractor employers to use E-Verify to determine the eligibility of all new hires and to confirm the eligibility of all existing employees working on federal contracts. Prior to this rule, use of the E-Verify system has been voluntary.
Many groups, including the Society for Human Resources Management, the U.S. Chamber of Commerce, and the American Council on International Personnel, questioned the mandatory imposition of a voluntary process. They claim the government exceeded its authority in requiring participation. Other groups, such as the Center for Immigration studies, commended expansion of the E-Verify system as an important way to reduce the illegal labor pool.
The final rule was to take effect on January 15, 2009. As a result of a lawsuit filed in a Maryland federal court challenging the propriety of the new rule, the government initially agreed in early January to delay the rule's implementation until February 20th. The government now has agreed to delay implementation until at least May 21st in order to allow the new Obama Administration an opportunity to review the rule and consider the broad range of options. The pending lawsuit will remain on the court's docket, but by agreement court proceedings will be suspended for the time being.
At this point, it is uncertain whether the regulation will be implemented later, if at all. In the meantime, federal contractors are relieved of the immediate obligation to comply, but they may voluntarily participate in the system.
Posted by Thamer E. "Chip" Temple, III
The new rule requires government contractor employers to use E-Verify to determine the eligibility of all new hires and to confirm the eligibility of all existing employees working on federal contracts. Prior to this rule, use of the E-Verify system has been voluntary.
Many groups, including the Society for Human Resources Management, the U.S. Chamber of Commerce, and the American Council on International Personnel, questioned the mandatory imposition of a voluntary process. They claim the government exceeded its authority in requiring participation. Other groups, such as the Center for Immigration studies, commended expansion of the E-Verify system as an important way to reduce the illegal labor pool.
The final rule was to take effect on January 15, 2009. As a result of a lawsuit filed in a Maryland federal court challenging the propriety of the new rule, the government initially agreed in early January to delay the rule's implementation until February 20th. The government now has agreed to delay implementation until at least May 21st in order to allow the new Obama Administration an opportunity to review the rule and consider the broad range of options. The pending lawsuit will remain on the court's docket, but by agreement court proceedings will be suspended for the time being.
At this point, it is uncertain whether the regulation will be implemented later, if at all. In the meantime, federal contractors are relieved of the immediate obligation to comply, but they may voluntarily participate in the system.
Posted by Thamer E. "Chip" Temple, III
Labels: Civilian Agency Acquisition Council, contractor, Defense Acquisition Regulations Council, E-Verify, employer, employment law, federal, labor law
posted by McSweeney, Crump, Childress and Temple at
1:57 PM
