This week, a Maryland U.S. District Court ruled in favor of the U.S. government in a lawsuit challenging the legality of the E-Verify system (Chamber of Commerce of the United States v. Napolitano). This means that beginning September 8, 2009, federal contractors and subcontractors will be required to use the E-Verify system to ensure their employees are legally authorized to work in the United States. The requirement is designed to stop federal contractors and subcontractors from hiring illegal immigrants.

The E-Verify system is a federal government online database program that allows employers to verify employment eligibility by electronically comparing employee information taken from the Employment Eligibility Verification Form (Form I-9) against the records in the Department of Homeland Security (DHS) and Social Security Administration (SSA) databases. The system, which facilitates compliance with federal immigration laws and is currently voluntary for employers, is jointly operated by the DHS and the SSA and is overseen by the U.S. Citizenship and Immigration Services (USCIS).

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By Hector A. Chichoni

On Wednesday, July 8, 2009, the U.S. Senate approved several amendments dealing with immigration enforcement and benefits that were not included in the 2010 homeland security appropriations bill (H.R. 2892) passed previously by the House of Representatives.

An amendment introduced by Senator Jeff Sessions (R-Ala) dealing with E-Verify was passed by a voice vote after a motion by Senator Chuck Schumer (D-NY) to table it was rejected 44 to 53.

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Beginning Sept. 8, 2009, federal contractors and subcontractors will be required to use the E-Verify system to ensure their employees are legally authorized to work in the United States.The requirement is designed to stop federal contractors and subcontractors from hiring illegal immigrants.

Department of Homeland Security (DHS) Secretary Janet Napolitano announced this week that the Obama administration will require employers that are awarded federal contracts to use E-Verify. The requirement for federal contractors to use E-Verify was originally set to go into place in January 2009, but was postponed so that the new administration could review the new rule.

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Update: E-verify deadline moved to September 2009

The deadline for federal contractors and subcontractors to begin using the E-Verify system has once again been delayed –- this time to June 30.

The rule requiring federal contractors and subcontractors to agree to electronically verify the employment eligibility of their employees went into effect in January, but the applicability date of the final rule has been delayed three times: It originally was to take effect on January 15, then it was delayed to February 20, then to May 21, and now the latest delay pushes the date out six more weeks to June 30.

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Update: E-verify deadline moved to September 2009

Federal contractors have been given at least a temporary reprieve from the E-Verify regulations that were set to go into effect January 15. Under the plan, the contractors would be required to begin using the U.S. Citizenship and Immigration Services E-Verify system to ensure that their employees are eligible to work in the United States.

Several business groups, including the U.S. Chamber of Commerce, filed a lawsuit last week in the U.S. District Court for the District of Maryland seeking to have the court rule that the E-Verify regulations are unconstitutional. The court immediately ordered the U.S. government and the business groups to confer by next Monday to see if some compromise could be reached regarding the January 15 effective date. The parties have agreed to postpone the effective date to February 20. In the meantime, they will present their legal arguments to the court, which is expected to rule before February 20 on whether the regulations can withstand a constitutional challenge.

While the world has been focused on the U.S. and global economic meltdown, a historic presidential election, and staggering unemployment numbers, some pretty significant changes have been made in federal employment laws and regulations with most going into effect in just a few weeks. A recent issue of HR Hero Line includes a roundup of those laws and regulations including:

• new requirements for employers that offer mental heatlh coverage;
• requirements for federal contractors to use the E-Verify system to verify that workers are eligible to work in the United States;
• new FACT Act regulations to prevent identity theft;
• the ADA Amendments Act, under which many employees who previously would not have been eligible for protection as disabled now may be;
• changes to the Family and Medical Leave Act (FMLA) regulations; and
• clarification of the new FMLA protection for military family members.

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Update: E-verify deadline moved to September 2009

Starting January 15, 2009, federal contractors and subcontractors will be required to begin using the U.S. Citizenship and Immigration Services’ (USCIS) E-Verify system to ensure their employees are eligible to work in the United States.

New E-Verify regulations (PDF)

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