Tuesday, April 21, 2009

Deadline to Implement Federal E-Verify Requirement Pushed Back

On November 14, 2008, a Federal Acquisition Regulation ("FAR") rule was changed to require that certain federal agency contracts (and some subcontracts) include a provision mandating the use of the E-Verify program. But exactly what is E-Verify? In a nutshell, the E-Verify program is an online program, jointly administered by the Department of Homeland Security and the Social Security Administration, to verify employees’ information, including immigration status. This new rule would be in addition to the current Form I-9 requirements.

The E-Verify rule would require all federal solicitations and contracts over $100,000, lasting for a period of 120 days or more, to include a provision that contractors:

1. Enroll in E-Verify;
2. Use E-Verify for all new hires in the US;
3. Use E-Verify for all workers assigned to the contract; and
4. Include a provision in certain subcontracts for services and construction that are over $3,000.


There are some exceptions to the E-Verify requirement–namely, contracts for items that are commercially available off-the-shelf.

This rule was supposed to go into effect on January 15, 2009; however, this date was recently pushed back for a second time and now it will not be implemented until at least June 30, 2009.

The reason for this most recent delay is the pending litigation Chamber of Commerce v. Chertoff, et al., in U.S. District Court for the District of Maryland. In December 2008, the U.S. Chamber of Commerce, among other groups, sued the Department of Homeland Security to have the mandatory E-Verify rule deemed illegal and to enjoin its enforcement. The plaintiffs in that case have filed for summary judgment, while the DHS and other defendants have asked the court for additional time to respond so that the Obama Administration can first complete its review of the federal contractor E-Verify requirement.

The political aspects of this issue notwithstanding, the E-Verify program is of particular significance to the construction industry because the time and cost-intensive nature of the program would add another layer of expense and burden to companies that enter into federal contracts. While the ideas behind E-Verify might be on the right track, the execution of the program would likely add to the strain of a construction industry that is already reeling from the current economic climate.

Whatever the courts decide about the E-Verify program, it is likely that some change in employee verification will be on the horizon–either the full blown E-Verify, a scaled-back version, or some other yet-to-written legislation. In the meantime, the best practice is to stay on top of employee I-9s for now and be mindful of potential changes in the future.

1 comment:

Brittanicus said...

First and foremost we are a nation of laws, or as we are all anticipated? But years of previous administrations have neglected the illegal immigrant problem, to the detriment of American workers. Ever since the inception of the 1986 Immigration & Reform Act, signed into law by Ronald Reagan, the politicians have pushed for a new AMNESTY. In addition, anytime a new law has been drafted to combat the illegal immigrant occupation of our country, they have behind closed doors killed it or weakened it's enactment. The law of given instant citizenship to babies intentionally born here, is a complete misinterpretation of the 14th amendment, after the civil war that emancipated African slaves.

It was never meant for (Anchor Babies) to give pregnant illegal alien mothers the right to legal status? The law has been badly mauled because the children can then draw on US education, free medical care, free baby delivery and after care, low income housing and it is a route to many government handouts. The major problem now facing the Obama White House is are the children of illegal immigrants to blame for their parents breaking the law? Obviously the left-wingers are to blame for this conundrum, but both parties have added to neglect to the sovereign laws of our nation. I think we should follow other countries "Rule of Law" and cement in place that children who have proven themselves can go to a place of higher learning. We desperately need a wide scope of professionals in Engineering, Science and 21st Century technology. But also remember that our government settles the largest population of new immigrants on Earth. What we don't need is more poorly educated, non-English speaking, impoverished aliens, looking for handouts. Like other developed nations we must be very specific, who we pick and choose as new citizens. We must also restrain ourselves from chain migration, who are liable to become a public charges, because the family sponsors have decided the US taxpayer should carry the financial weight?

We can thank our corrupt liberal politicians, judges in the past as drafting a passive law, instead of entering America being a criminal offense. Now we have uncountable number of illegal aliens squatting here, because of the absolute intentional neglect of our lawmakers. Is there any other country in the world, that makes illegally crossing into their sovereign territory a Civil Crime--I really don't think so? Our laws deliberately drafted this way in favor of the open border, big Catholic church and special interest groups. To HXXX with the American people, who are forced to fight for their jobs?

But if American defeat the next Amnesty ready to pounce on the unsuspecting legal population, we must make an example in using the 1986 law. We as a people must build-on the E-Verify application, upgrade, modify to extract illegal job applicants from the workplace. Illegal immigrants who have overstayed visas, illegal crossed the border and children must be exempt from any pardon. All children of illegal parents that have committed crimes, been expelled or just deserted school should leave with parents in the usage of self-deportation. This is a compliance way to remove foreign nationals and any criminal businesses that employ them, must receive mandatory, fines, asset confiscation and prison terms. The use of a in-perpetuity E-Verify will be a ultimate deterrent and see movement of illegal labor and families packing and leaving under the term of "ATTRITION" We must force our reluctant politicians to be governed by--THE PEOPLE'S--WILL or face the dire consequences in the election process. This will surely happen when Sen. Reid, Speaker Pelosi and 48 other Senate lawmakers come up for re-election. They underfunded E-Verify, that obviously is working efficiently for them to kill it. Today I have heard Homeland Security Chief Janet Napolitano is approaching State governors to appeal the Real ID Act, that would add national standards for state-issued driver licenses and non-driver identification cards, Revising and tightening the laws on application for asylum and deportation of aliens for terrorist activity. That wouldWaiver laws that interfere with construction of physical barriers at the borders, to name a few statutes. So that means since the new Presidency, the Democratic run Congress are trying to revoke E-Verify and the Real ID act. My guess, is under this regime they will be rescinding the Federal program for State and local police called 247(g) that trains officers to arrest and detain illegal alien criminals.

The open border, free traders, special interest groups will use any contradictions, epithets, racial slurs to annul any new law--which they have done successfully up to now. But American should realize strongly, that this has nothing to do with a persons color, religion or ethnic background--and EVERYTHING--to do with being--CARTE BLANCHE--for parasite employers, who pay nothing to illegal immigrant upkeep? It's left to Taxpayers? Its everything to do with billions of dollars spent, to pacify the big Catholic church, a portion of Liberal voters and others who see nothing wrong in loading citizens, residents down with sky high taxes. Supposedly the last White House promised no thoughts of a Path to Citizenship until the border was orderly and closed to undesirable With another drafted and secret Amnesty on the House and Senate table, like always--this is not the case. Drug smuggling and incessant illegal immigration is still very prevalent. The rumors from the new White House are clearly signaling another push for AMNESTY?

So go to these sites: VDARE, FAIRUS, JUDICIALWATCH, NUMBERSUSA, AMERICANPATROL, CAPSWEB & ALIPAC. The stakes are sky high because Amnesty means, thousands more will swamp the border looking for yet a 3rd---AMNESTY.