2nd E-Verify challenge tossed
September 16, 2009 by Sam NarisiPosted in: HR Tech, Hiring, In this week's e-newsletter - Tech, Latest News & Views
Another victory for E-Verify supporters: A second lawsuit challenging last week’s requirement that government contractors use the system was thrown out by a federal court.
After much delay, a requirement that most federal contractors use E-Verify to check the legality of new hires (and current employees assigned to government contracts) went into effect on September 8.
Shortly before, a federal judge tossed out a lawsuit from business groups arguing that the government had no authority to make E-Verify mandatory.
Just after the rule went into effect, a similar suit (Chamber of Commerce of the USA v. Napolitano) met the same fate.
The rule applies to companies with contracts lasting more than 120 days, valued at more than $120,000 and involving work done in the United States.
Those companies not already using E-Verify will have to:
- enroll in the program within 30 days of being awarded the contract
- start verifying all new hires within 90 days of enrollment
- verify existing employees who are assigned to work on the contract, and
- continue using E-Verify for the duration of the contract.
September 16th, 2009 at 2:34 pm
Homeland Security needs to expand E-Verify to every human resources and workplace in the US? It has been demonized and almost crippled by the Democratic leadership led by Sen. Harry Reid. But one way or another he wasn’t the only offender who nearly tabled this powerful immigration enforcement tool. This PC software is something practical, forwarded from the previous president’s box of tools to extract illegal immigrants from the working locations. In this jobless environment every company’s nook and cranny needs to be explored for unauthorized workers, including long time employees.
Under the relentless pursuit of the US chamber of Commerce, ACLU, Council of Foreign Relations who were involved to numerous efforts, to crush it’s usage. But laughingly brought enormous public attention to the computer application in the end? This would also be the ideal identification process to eliminate illegal immigrants from accessing any health care reform as well? INCIDENTALLY! ILLEGAL ALIENS CAN STILL EXPLOIT THE EMERGENCY ROOMS, AS THEY DO NOW? For –ALL–violators it’s should convey harsh fines and any employer with 10 or more foreign laborers and mandatory prison sentence. The procedure has some problems, but nothing that cannot be resolved expeditiously in the near future. If you are interested in saving American jobs call your Senator or Representative in Washington 202-224-3121 and demand permanent E-Verify. NOT JUST FOR NEW HIRES! Learn who is seriously catering to the American worker and those who panders to big business at NUMBERSUSA, JUDICIAL WATCH.
September 17th, 2009 at 8:58 am
My company is applying for a government contract – do I need to E-Verify all of my employees to be considered for the contract?
September 17th, 2009 at 9:09 am
JimmyC,
My name is Chris from a company called Legal Employer. The answer to your question is “NO”. Federal Contractors may NOT use E-Verify to verify current employees until they are awarded a contract that includes the FAR E-Verify Clause – then they must.
Thanks
September 17th, 2009 at 6:20 pm
JimmyC…our company has been using e-Verify since the beginning of 2008, when the state of Arizona required it. As a Federal contractor, we will have to change our status, once we get a new contract with the FAR e-Verify clause Chris mentioned, and can then verify existing employees, which we are precluded from doing now. However, once you do get a contract, you will not be required to e-Verify ALL of your employees – only those who will be considered as working on the contract. You do have the option to e-Verify all of the employees if you would prefer. As a side note, I have not had any problems with the e-Verify system in the nearly two years I’ve been using it. I had one temporary employee who was here on a student visa, with the proper identification, and it took an extra day to come back authorized – otherwise authorization is almost instantaneous.
September 22nd, 2009 at 10:36 am
Chris,
We are a small health care provider and receive Medicare reimbursement. Does that make us a federal contractor?
September 22nd, 2009 at 9:14 pm
Chris,
We are a very rural, stand alone FQHC. We receive government grants plus Medicare and Medicaid reimbursements. I imagine I need to sign up for e-verify? I do use another background checking company; do I need to keep them both, or go with e-verify?
Thanks for your help!
September 23rd, 2009 at 3:44 pm
Thanks, everyone! This is most enlightening. I have been using E-verify since 11/07 and have had NO problems. It’s a truly valuable tool. However, I will be covered under the federal contractor (FAR) requirements. How does one change their status from whatever it is now to a Federal Contractor on E-verify?