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Deadline for Mandatory use of E-Verify delayed until February 20, 2009
(RICHMOND, VA) --- The Department of Homeland Security has announced that the effective date of the new rule mandating E-Verify use by certain federal contractors and subcontractors has been delayed from January 15, 2009 to February 20, 2009, said R. Oliver Branch, an immigration lawyer in the North Carolina office of the firm.
"This announcement comes amidst a legal challenge, Chamber of Commerce of the United States of America v. Chertoff, filed by U.S. Chamber of Commerce and the Society for Human Resources Management", he explained. The suit alleges that the mandatory use requirement violates the Congressional legislation authorizing E-Verify, the Illegal Immigration Reform and Immigrant Responsibility Act, which makes clear that participation in the system is voluntary.
Branch said the E-Verify program, a partnership of the Department of Homeland Security (DHS) and the Social Security Administration (SSA), is an internet-based system that allows employers to electronically verify the employment eligibility of newly hired employees, regardless of citizenship. As of September 2008, 31,000 employers have voluntarily enrolled in the program.
On June 6, 2008, President Bush 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," This Executive order provides 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 final rule as to be effective as of January 15, 2009. However, as mentioned above, the effective date of the new rule has been delayed from January 15, 2009 to February 20, 2009. All employers, whether Federal Contractors or not, may enroll for E-Verify online at www.dhs.gov/E-Verify.
Founded almost 160 years ago, Sands Anderson has 74 lawyers practicing among its offices in Richmond, Christiansburg, Fredericksburg and McLean, Virginia, and the Research Triangle of North Carolina. In 2010, it was ranked 8th in the Virginia Lawyers Weekly annual listing of the state's largest law firms. Sands Anderson provides a full range of legal services to corporations and businesses, healthcare providers, financial institutions, state and local governments, the insurance industry and individuals.