Law Students

E-Verify Must Be Used By Federal Contractors to Verify Immigration Eligibility

By C. C.

Federal contractors must start using the federal government’s online E-Verify electronic program to verify the immigration eligibility for newly hired and current employees as of September 8, 2009. The United States Chamber of Commerce and a number of other plaintiffs challenged the directive that implemented this program, first issued under Presidential Executive Order 13464 by former President George Bush and subsequently implemented by President Barack Obama.

In a court opinion issued August 26, 2009, the United States District Court for the District of Maryland, Southern Division, overruled the Chamber of Commerce and upheld the presidential directive to use the electronic system instead of the current paper-based Form I-9 system. The I-9 Form expired June 30, 3009, but remains valid to use for other employers.

The E-Verify program, administered by the Department of Homeland Security in partnership with the Social Security Administration, is required for all federal prime contracts in excess of $100,000 and all subcontracts in excess of $3,000 for new contracts awarded after September 8, 2009. The directive also applies to all current employees working on an existing federal contract that falls within these monetary guidelines once the contract is amended to include an E-Verify clause. The online, electronic system is voluntary for all other employers, public and private.

Additional information about E-Verify is available on the United States Citizenship and Immigration Service’s website in its frequently asked questions section. The USCIS is a division of the Department of Homeland Security. According to the website, “Based on the information provided by the employee on his or her Form I-9, E-Verify checks this information electronically against records contained in DHS and Social Security Administration databases.”

According to USCIS website:

Federal Contractors Required to Use E-Verify Beginning Sept. 8, 2009

Effective Sept. 8, 2009, federal contractors and subcontractors will be required to use the E-Verify system to verify their employees’ eligibility to work in the United States. To read this entire article click “Federal Contractors Required to Use E-Verify Beginning Sept. 8, 2009″ link at the bottom of this page.

Secretary Announces Administration’s Support for E-Verify

Department of Homeland Security (DHS) Secretary Janet Napolitano today strengthened employment eligibility verification by announcing the Administration’s support for a regulation that will award federal contracts only to employers who use E-Verify to check employee work authorization. To read this entire article click “Secretary Announces Administration’s Support for E-Verify” link at the bottom of this page.

The new rule implements Executive Order 12989, as amended by President George W. Bush on June 6, 2008, directing federal agencies to require that federal contractors agree to electronically verify the employment eligibility of their employees. The amended Executive Order reinforces the policy, first announced in 1996, that the federal government does business with companies that have a legal workforce. This new rule requires federal contractors to agree, through language inserted into their federal contracts, to use E-Verify to confirm the employment eligibility of all persons hired during a contract term, and to confirm the employment eligibility of federal contractors¿ current employees who perform contract services for the federal government within the United States.

What is E-Verify, how does it work, and why do federal contractors have to enroll in E-Verify?

E-Verify is an Internet-based system operated by the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) that allows employers to verify the employment eligibility of their employees, regardless of citizenship. Based on the information provided by the employee on his or her Form I-9, E-Verify checks this information electronically against records contained in DHS and Social Security Administration (SSA) databases.

On June 6, 2008, the President issued Executive Order 13465 ?Economy and Efficiency in Government Procurement through Compliance with Certain Immigration and Nationality Act Provisions and the Use of an Electronic Employment Eligibility Verification System,? providing that ?Executive departments and agencies that enter into contracts shall require, as a condition of each contract, that the contractor agree to use an electronic employment eligibility verification system designated by the Secretary of Homeland Security to verify the employment of: (i) all persons hired during the contract term by the contractor to perform employment duties within the United States; and (ii) all persons assigned by the contractor to perform work within the United States on the federal contract.? The Federal Acquisition Regulation (FAR) was therefore amended to require federal contractors to use E-Verify, which is the system designated to implement the Executive Order.

[thanks to toe stubber and  j. craig williams via cc]

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Full post as published by Law Vibe on September 03, 2009 (boomark / email).