HR Management & Compliance

U.S. District Court Upholds E-Verify System

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).

The E-Verify program has continued to face opposition from immigrant advocacy groups and business groups that assert the databases used by the E-Verify system are full of errors. The U.S. Chamber of Commerce, one of the business groups strongly opposed to the E-Verify system, initiated the lawsuit against the government in an effort to prevent the program from becoming mandatory for federal contractors and subcontractors.

The U.S. District Court in Maryland held that requiring federal contractors and subcontractors to use E-Verify doesn’t violate federal immigration law. Specifically, the court noted that the rule doesn’t require any person or entity to use the system since organizations and individuals voluntarily decide whether to become government contractors and subcontractors. The court also noted that the President and the U.S. government had the authority to enact the requirement.

Although the Bush administration attempted to make E-Verify mandatory for federal contractors and subcontractors during its final months, the start date for them to begin using E-Verify has been delayed multiple times. When President Barack Obama took office, he ordered additional review of the system. After six months, the Obama administration and the DHS decided to push ahead with the expansion of E-Verify.

After the E-Verify rule takes effect on September 8, employers that are awarded federal contracts that include the Federal Acquisition Regulation (FAR) E-Verify clause will have to verify the employment eligibility of all their employees (including current workers) through E-Verify. However, federal contractors may not use E-Verify to verify current employees until the rule becomes effective and they are awarded a contract that includes the FAR E-Verify clause.

————————————————

Now that the deadline for federal contractors and subcontractors to use E-Verify is approaching, you can learn more about it by listening to the audio conference “E-Verify Sept. 8 Deadline: New Rules for Federal Contractors and Subcontractors.” For more information, call (800) 274-6774.

1 thought on “U.S. District Court Upholds E-Verify System”

  1. No Independent voter can agree on all issues that we are confronted in this 21 century of the United States? The demise of liberal minded Edward Kennedy demands every American respect and sincere condolences for his long and arduous battle for political reforms in our government. Even though I am a great believer in a Senators public option to Health care, I am adamantly–OPPOSED–to any path to citizenship for illegal immigrants he also endorsed. In 1985 immigration bill Sen. Kennedy assured the American people, that another AMNESTY would–NEVER–be enacted in future sessions of Congress. He was after all one of the principal authors of the Simpson/Mazzoli bill, in which he committed himself to all of the American public.

    Once again we will be confronting this major dilemma on immigration reform, mainly because over many administrations immigration enforcement was never carried out. Over these decades lax policies have caused a massive overload of foreigners, who compromised themselves by not following the law, but are not entirely to blame? The awful fact is that the 1986 legislation was under funded and engineered for the particular business sector, unions, church, specialized attorneys and radical minority organizations by certain politicians. Since than the costs have been magnified, parallel to the–TRILLIONS–spent on nation building wars. At least 20 million illegal immigrants now reside in America, and decades of neglect, has swollen the numbers that in future years will undoubtedly cause irreversible overpopulation as analyzed by the US Census Bureau?

    Trying to deport so many people is a possibility and a very expensive proposition. But their is another avenue that could be used, with equal success and not costing anywhere near using a forced deportation? We must demand from our rogue lawmakers in Washington to introduce a mandated, funded E-Verify? We know it works well because Special interest groups have used their influence to derail it. In the courts they have resuscitated racial profiling, including that it was faulty in its operation. The cure is simple–plaintiffs should go to the local Social Security office for straightening out irregularities. Until now we didn’t realize its power to perform and remove illegal immigrants from the work floor and therefore our government should make it available to every employer under the penalty of fines and prison. BEFORE ANY NEW WORKER IS HIRED, THEY SHOULD BE GIVEN AN E-VERIFICATION FORM WARNING THEM OF USING BOGUS ID AND A LEGAL FORM TO SIGN UNDER THE PENALTY OF PERJURY IN MAJOR FOREIGN LANGUAGES. EACH BUSINESS MUST BE MANDATED TO DISPLAY AN E-VERIFY NOTICE. THEIR SHOULD BE A REWARD TO WORKERS, WHO CORRECTLY REPORTS ILLEGAL LABOR ACTIVITY TO ICE.

    Democratic leadership made a fatal error, as it had already been funded for months to come E-Verify. The public eye and anti-illegal immigration groups became instantly aware of its special use. An outcry to Washington caused a re-emergence of this utility and now is firmly placed as a workable tool. Further innovations and technical progress–MUST–be made available and reasonable appropriations to modify its accessibility for the most fundamental PC operative? As time goes by, as all new computer programs bugs and errors will be removed and new versions will appear. A few Eastern states have made it fully functioning, while rebel states as California–a Sanctuary illegal immigrant state–is defying its use. Through voluntary now, over time it could cause mass evacuation of illegal labor from the workplace as by “Attrition”. Millions will surely give up as employers will live under a dark cloud of penalties and return slowly to their home country.

    The 1986 (IRCA) immigration act is very potent and is currently under attack by unions, ACLU, US Chamber of Commerce, as is E-Verify, 287 G, the border fence and anything that smells of enforcement. Corporate entities–COMMAND–unparalleled cheap labor with no restriction, which has been honored by certain unethical politicians who do not represent the majority of the jobless public. Years of inactivity by unethical politicians caused the immigration mess in the first place. So the old adage stands its ground even today, “You made this bed, so now you have to sleep in it”? President Obama is going to try and insist on pushing through another immigration reform, but we cannot let this happen. He should build on the 1986 immigration reform, add amendments and stop the OVERPOPULATION of this country. Do the calculations yourselves of the trillions of dollars used–OVER THE YEARS–to cater to foreign national workers, their families in education, hospitals and the penal environment.

    Speed up a–POINTS SYSTEM–for top of the pinnacle highly skilled workers, but no more hosting millions of indigent foreign labor and families, who become public welfare charges. We must assure that all American workers are gainfully employed, not individuals who have no right to be in our country? It makes me sick to see veterans of Korea, Viet-Nam, the Gulf war walking the streets homeless, while illegal immigrants get gratification from employers and lawmakers. WE CANNOT NO LONGER SUPPORT ILLEGAL IMMIGRANTS. OUR COUNTRY IS NEAR BANKRUPTCY. DEMAND E-VERIFY TO CHECK THE IMMIGRATION STATUS FOR EVERY WORKER IN THE US AT 202-224-3121. VOTERS SHOULD COMMEND NO MORE WEAKENING OF ANY LAWS INCLUDING 1986 (IRCA) IMMIGRATION CONTROL & REFORM ACT. JOIN NUMBERSUSA, JUDICIAL WATCH AND BE STUNNED HOW MILLIONS OF VOICES HAVE MADE A DIFFERENCE.

Leave a Reply

Your email address will not be published. Required fields are marked *