Court Decision—Federal Contractors Must Use E-Verify Beginning September 8, 2009

A decision was issued by the U.S. District Court on the much-anticipated Chamber of Commerce of the United States of America v. Napolitano; a case in which SHRM, the U.S. Chamber of Commerce, American Council on International Personnel, HR Policy Association, and Associated Builders and Contractors, Inc., challenged the legality of a Bush Administration Executive Order requiring that federal contractors use E-Verify to check the employment eligibility of all newly hired employees, as well as all current employees directly working on a contract.

 

Plaintiffs challenged the legality of Executive Order 13464 and its implementing regulations arguing that it was neither legally justified nor practical for federal contractors to implement. The court decided the case in favor of the government and ruled the regulation should go forward.

 

The rule is scheduled to go into effect on September 8, 2009. This deadline means most federal contracts awarded, as well as solicitations issued after September 8, 2009, must include a clause mandating use of E-Verify for all employees hired during the contract period and all existing employees assigned to perform work under the contract. The United States Citizenship and Immigration Services (USCIS) has published information and frequently asked questions on its website regarding application of the rule.  

  

To read the final rule, click HERE.

To read the court’s decision, click HERE.

 

For more information on E-Verify, and to ensure your company meets the latest regulations, please contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.