Government Contracts Monitor

In an apparent reaction to a lawsuit challenging the legality of the new E-Verify regulation, the U.S. Citizenship and Immigration Service (USCIS) has postponed by more than a month the requirement that federal contractors and subcontractors use the E-Verify system to confirm employment eligibility of certain employees.  See the USCIS statement here.

 

The rule was originally to go into effect January 15, 2009, but will be delayed until at least February 20, 2009.  For background on the E-Verify rule click.

 

On December 23, 2008, the U.S. Chamber of Commerce and other industry groups filed a lawsuit in the U.S. District Court for the District of Maryland seeking to declare the Executive Order implementing the E-Verify rule null and void.  Joining the Chamber in the suit are the Associated Builders and Contractors, the Society for Human Resources Management, the American Council on International Personnel, and the HR Policy Association. 

 

The suit argues that federal law explicitly prohibits the Secretary of Homeland Security from making E-Verify mandatory or from using it to reauthorize the existing work force.   It also asserts that the administration cannot use an executive order to bypass federal immigration and procurement laws. 

 

USCIS says the delay is to give the Chamber of Commerce a chance to argue its case.

 

The delay gives contractors extra time to put their E-Verify procedures in place.  Unfortunately, given the lawsuit and the turnover in Congress and the White House, it is difficult to say with any certainty what the E-Verify requirements for federal contractors and subcontractors will ultimately be.