September 2, 2009
On September 1, 2009, the Immigration Service reminded federal contractors and subcontractors that they are required to begin using E-Verify on September 8, 2009. E-Verify is an electronic system designed to enable employers to confirm that their employees are legally authorized to work in the United States. On the same day, the Chamber of Commerce of the United States of America, Associated Builders and Contractors, Inc., Society for Human Resource Management, American Council on International Personnel and the HR Policy Association filed a motion in federal court to block the enforcement of the E-Verify final rule.
Under the E-Verify final rule, all federal contracts will require those awarded government contracts worth $100,000 or more (including subcontractors who will receive over $3,000 in compensation) to use the E-Verify system. Companies awarded a contract by the federal government will be required to enroll in E-Verify within 30 days of the contract award date. The motion to block the E-Verify requirement argues that the mandatory use of the E-Verify system will cause employment discrimination. The motion also contends that an injunction would give Congress the opportunity to address issues raised in the plaintiffs’ federal court suit challenging the final rule.
