DHS drops ‘no match’ rule in favor of E-Verify
July 14, 2009 by Jim GiulianoPosted in: Employment law, In this week's e-newsletter, Latest News & Views, Records documentation
The Department of Homeland Security says it intends to abandon the “no match” rule for contractors — and probably for all employers in the future – and instead promote use of E-Verify.
DHS Secretary Janet Napolitano said in her statement that the agency will endorse and support the federal contractor E-Verify regulation and continue efforts to improve the E-Verify system for all employers, not just federal contractors.
The move is intended to support the administration’s effort at emphasizing workplace enforcement and employment eligibility verification. Making it mandatory, and easier, for contractors is seen a precursor to requiring it for all employers.
Why de-emphasize “no match”?
- Organized labor has attacked the system as unfair and unreliable.
- The system was enjoined by a federal district court in Northern California shortly after the rule was published and before it took effect. DHS issued an amended rule in March 2008 to address the court’s concerns. Still, litigation had stalled the no-match rule.
In the Fall of 2008, the Bush Administration published a regulation that would have required all federal contractors to enroll in E-Verify and use that system to verify existing employees working on federal projects. Implementation of that rule was challenged by the US Chamber of Commerce and other employer/HR groups. The parties in that litigation had agreed to postpone the effective date of the rule several times, and the rule is now scheduled to take effect on September 8.
The announcement by Napolitano suggests that the Administration has completed its review of the federal-contractor E-Verify rule and is in favor of implementing the rule. If the rule is enjoined, it will likely take action by Congress to amend the law so that E-Verify is no longer voluntary but can be mandated for federal contractors, and then all employers.
Tags: Department of Homeland Security, dhs, e-verify, Napolitano, no match
July 14th, 2009 at 7:28 pm
Don’t let down your guard on E-Verify?
We settle more new immigrants annually, than any other country in the world.
It’s our phone calls that can derail any thoughts of another AMNESTY? Fill their eardrums with public rage not to undermine E-Verify. WE WANT A PERMANENT FOR EVERYONE WHO COLLECTS A PAY CHECK! Today! As never before they are reacting and listening to millions of patriotic Americans and pro-sovereignty groups, in which E-Verify have become a solid foundation to identify and remove foreign labor. Taxpayers money should be spent on infrastructure, our own weak and sick, our veterans who are homeless, our unemployed and those who real immigrants who respect our laws. Until the inception of the Internet, Americans and legal residents had no way of communicating between ourselves. Now we can? Now we should use every means possible to elaborate, that we are well and truly seething, because they are siding with the globalists, money people, open border subversives.
We are not bigots because we love our country and don’t want to turn into a third world society. We do not want to live in an OVERPOPULATED, congested land. We have been paying for years–illegal immigrant’s support, instead of the procurers–the businesses that employ them. Our charged voices have set-off a chain reaction amongst the Washington political masses, because we actually turned the tables on the anti-sovereignty, pro-illegal immigration organizations. They are building the original border fence as originally planned, not faulty short-cuts? But we have enemies who have ignored their oath of office and plan to weaken any amendments. As with the 1986 immigration AMNESTY law that was never broken, but disrupted and never enforced. Now they want another AMNESTY or immigration reform package.
It was the politicians who caused the problem of between 13 to 20 million settling here and unable to support themselves. Lawmakers can now stew in their own juices, because we refuse–absolutely refuse, to be sold on another path to citizenship, as it will be yet another higher tax burden on taxpayers. California being just one of many Sanctuary States–that has produced massive budget deficit problems, cause by the huge influx of illegal poor living on state and federal welfare.
Senators and Representatives aides are unhappy with the constant bombardment from millions of Americans, but they are the bridge that must be crossed everyday? No respite, no retreat? Keep up the pressure, till their ears bleed? Keep up the invaluable rumblings in the beltway at 202-224-3121 THAT THE POPULATION IS MAD AND NOT GOING TO TAKE IT ANYMORE! Learn who your enemy is and who your friends at NUMBERSUSA, JUDICIALWATCH, CAPSWEB, HERITAGE FOUNDATION & AMERICANPATROL
ATTENTION! Because of the massive payments to illegal immigrants in California, their is a petition. Google–TAXPAYER REVOLUTION. Very few newspapers will mention this activist petition. When is the American flag going to fly again in the once Golden state?
July 20th, 2009 at 6:01 pm
Let’s hope the bugs in the E-verify system get worked out quickly. I have read there are a lot of faults in the system with many illegal aliens treated as okay since they are using false identification that is based on someone else being legal. We do not contract with the Feds but I suspect they will try to push this onto non-Fed contractors soon. Instead of acting as a govt should and controlling access to our great country, this govt wants to demonize employers whether or not they are willfully hiring illegal aliens. I am often embarrassed to be a CA resident since it seems like any bad law or practice seems to come from our legislators or cities. I believe they see every illegal alien they coddle as a potential vote for their re-election. This is another in a long line of anti-business moves dictated by the most anti-business administration I have ever witnessed.