Implementation of E-Verify Final Ruling for Federal Contractors DelayedFiled Under: E-Verify
Executive Order and Federal Procurement Law Challenged
Athough the final rule requiring federal contractors and subcontractors to enroll in and use E-Verify for new (and some existing) employees was due to take effect January 15, 2008, it (73 Fed. Reg. 67,651 (Nov. 14, 2008) has been suspended until February 20, 2009. The delay comes as the result of a challenge filed by the American Council on International Personnel (ACIP), the US Chamber of Commerce, the Society for Human Resource Managment, Associated Builders and Contractors, and HR Policy Association (Chamber of Commerce of the United States of America, et al. v. Michael Chertoff, et al., Civil Action No. AW-08-3444 (D.Md.)).
The challenge was based on the burden the rule places on employers and the argument that Congress had specifically prohibited mandating E-Verify in the Illegal Immigration Reform and Immigrant REsponsibility Act (IIRAIRA), including -reverification of current employees, among other claims.
An announcement in the Federal Register should be issued shortly (i.e. in the next week), and both parties will file briefs in favor or opposing the rule.
1/14/08 UPDATE: The announcement was published in the Federal Register today. “The applicablity date of FAC 2005-29 is delayed until February 20, 2009″
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- Batya
- 12 Jan 2009 4:15 PM
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