The E-Verify Front: U.S. Chamber Loses Battle to Shield Illegal Workers

Aug 28, 2009

The U.S. Chamber of Commerce and other interests battled the Department of Homeland Security's rule that federal contractors and subcontractors use the federal E-Verify system--and lost one last time.

The Chamber and others argued that the E-Verify enabling legislation prohibited its use on existing employees and so the DHS rule was illegal. Judge Alexander Williams Jr. of the U.S. District Court for Maryland, however, saw matters differently.

“The decision to be a government contractor is voluntary and…no one has a right to be a government contractor,” wrote Judge Williams, rejecting all the arguments made by the plaintiffs. Though federal contractors are required to participate in the E-Verify system, because “[p]otential government contractors have the option not to contract with the government,” no person or entity is really required to participate in the system, confirmed Williams.

The much-maligned and much-delayed rule now will go into effect Sept. 8, 2009, after the District Court gave it the green light. The ruling came Aug. 26.

The E-Verify rule originates from the Bush Era and was delayed first in the face of lawsuits and then as the Obama Administration conducted a review.

E-Verify is a free online system that certifies (or denies) a new hire's (or existing employee's in this case) legal status to work in the United States by drawing on databases at DHS and the Social Security Administration. It works in tandem with the USCIS (United States Customs and Immigration Service) Form 1-9, which is filled out and filed for each employee to provide documentary proof of a person's legal work status in the U.S.

The DHS rule requires that federal contractors with contracts $100,000 and above (and subcontractors with contracts $3,000 and above) use E-Verify for all current and all future employees.

A handful of states also mandate the use of E-Verify with various conditions and criteria.

Personnel Concepts has developed its I-9 Compliance Kit that goes hand in hand with E-Verify to produce work-eligibility-forms. Get yours today.