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

August 27, 2009 at 12:08 pm 1 comment

A U.S. District Court issued a long-awaited decision in 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.

The 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 discounted the plaintiffs’ arguments deciding the case in favor of the government and ruling that the regulation should go forward.

Absent an additional delay, the rule is scheduled to go into effect on September 8, 2009. This deadline means that 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 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cb2a535e0869d110VgnVCM1000004718190aRCRD&vgnextchannel=534bbd181e09d110VgnVCM1000004718190aRCRD ) on its website regarding application of the rule.

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  • 1. Brittancus  |  August 28, 2009 at 12:23 pm

    Instead of pandering to the business community, our elected politicians must execute E-Verify as permanent tool to draw illegal workers away from the workplace? It must not be voluntary to be enforced, with serious penalties for employers who disregard the law. Heavy fines should be imposed, along with asset confiscation and for hiring a large force of illegal foreign workers a lengthy prison sentence. Nobody in the workplace should be exempt from being positively identified as a Citizen or a US permanent resident. Even the longest employed worker should be checked through the system. E-Verification should be built upon, with any new innovations desired to stop jobs being stolen from those legally allowed to work.

    Many ICE raids across the nation have proved beyond doubt the extent of illegal nationals taking jobs of citizens and how expeditiously these unfilled jobs were taken back by bona-fide workers in the poultry industry. Americans in the working environment should report any illegal activity to ICE, so they can investigate. E-Verify is the only substantial program in immigration armory that must not be weakened. It is evident that it’s operational owing to the tireless assault of the ACLU, US Chamber of Commerce to silence its function in the courts. Now is the time to pressure your reluctant elected official, specifically in California. This Sanctuary Refuge for illegal aliens and their families have been overloading schools, hospitals and government welfare benefits to pacify special interest lobbyists. Voters should also immediately mandate installation of E-Verify nationwide in vetting the janitor to an engineer, from a sheet metal worker to an advertising executive.

    When the welfare state of California nearly financially collapsed, it can be partially attributed to the massive population of illegal immigrants. The time is ripe to shout aloud of the decades of inflated taxes supporting education to K-12, free medical care and considerably more which stays intentionally undisclosed to the public. MAKE A NOTE OF THIS WASHINGTON SWITCHBOARD NUMBER 202-224-3121. Like never before we need the Nation Guard to patrol the border on a permanent basis, to support the undermanned region. Democrats declare in the town hall meetings, that foreign nationals have–NO–access to benefits in Obama’s health care reform. But if a path to citizenship or AMNESTY is not tabled in the coming Immigration Reform session, then one-and-all, will automatically be provided for as new citizens into the health care program. In addition we must consider the gigantic onslaught of millions more who will try to join those already here? WE CANNOT EVEN PROVIDE MEDICAL FOR OUR OWN POPULATION? I CONCUR WITH A PUBLIC OPTION-BUT NOT FOR FOREIGN NATIONALS.

    STOP IT ONCE AND FOR ALL NOW AND START A POINTS SYSTEM FOR HIGH ECHELON WORKERS. The poor, uneducated will never stop breaking our laws, for an opportunity reserved for AMERICANS AND LEGAL RESIDENTS. LEARN THE CONSEQUENCES OF IRREVERSIBLE OVERPOPULATION, THE COSTS TO TAXPAYERS AT NUMBERSUSA, HERITAGE FOUNDATION & JUDICIAL WATCH.

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