HRMorning.com » Move over ‘no match’ rule: DHS going with E-Verify

Move over ‘no match’ rule: DHS going with E-Verify

July 28, 2009 by Carol Warner
Posted in: HR Tech, In this week's e-newsletter - Tech, Records documentation, policies


The Department of Homeland Security (DHS) is going to let the “no match” rule slide for federal contractors, according to DHS Secretary Janet Napolitano.

Instead of the “no match” regulation, DHS is promoting the use of its E-Verify system.

Here’s the chain of events that led to the department’s decision to forgo the “no match” rule in favor of E-Verify:

  • In fall 2008, under the Bush administration, federal contractors were required to enroll in E-Verify and use it to verify existing employees working on federal projects.
  • The U.S. Chamber of Commerce — along with several HR groups — challenged DHS’ E-Verify requirement.
  • Parties in litigation reached an agreement on the effective start date of the rule, which is currently scheduled for September 8. This agreement negates the need for the “no-match” rule, according to DHS.
  • If the agreement is accepted by the court, Congress will likely take action to amend the law: to make E-Verify mandated — rather than voluntary — for federal contractors.

The silver lining for federal contractors: It looks like you can probably ignore any no-match letters that might come straggling in. DHS won’t be wasting its efforts enforcing the old requirements that came with receiving no-match letters.

The dark, looming cloud for all employers: If Congress is willing to pass legislation mandating E-Verify for federal contractors, it may also decide to extend mandatory E-Verify enrollment for all employers.

Do you think Congress mandating E-Verify for federal contractors is the first step in requiring private-sector employers to use the system, too? Let us know in the comments section below.

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15 Responses to “Move over ‘no match’ rule: DHS going with E-Verify”

  1. Brittancus Says:

    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?

  2. Debi O'Brien Says:

    I see E-Verify as a way to be sure that documents that are shown for proof of eligebility to work in the US are indeed legitamate. I have had documents that have a picture from when the applicant was a child, it can be hard to see if it is really the same person due to maturity. With the I-9 audits in full force it would certainly help to insure compliance in the private sector.

  3. Sandra Boyer Says:

    Brittancus… although I agree that we have to control immigration somehow some of your comments are nothing but ignorant. Are you not aware that illegal immigrants pay taxes like everyone else? THEY GET THE TAXES TAKEN OUT OF THEIR PAYCHECKS… and they do not get any credits that people with documents get…. Also… They pay their taxes everytime they buy something…. which also helps the economy. Why do you think that the goverment has done nothing about illegals… If they cost so much money the goverment would had put a stop on the problem. On the other hand… if they become legal then they will continue to pay taxes and boost our economy because most immigrants are better workers than 2 caucatians put together. By the way, did you know that illegal immigrants can not get welfare, medical, unemployment or any other goverment sponsored benifits even if they are poor?

    The solution is not to break families or ignore the problem. I think that e-verify is a good way to control immigration because illegals will not find a way to support their families with no job, but the millions who have been here for years and have a family should be able to legalize their status. After all this country was built on immigration, the native indians of USA are the only ones with the right to talk about someone else invading their country. Maybe if you look into your family history you will find that you come from immigrants (and not necesary legal) too.

  4. Debi O'Brien Says:

    Sandra, very well put.

  5. Lisa Says:

    Sandra,
    I am Native American and I agree 100% with Brittancus.

  6. Brittancus Says:

    Such issues as immigration reform and health care should not be left to a thrall of politicians, who many do not have the public interest at the heart in these matters? Already we have seen this materialize with the original under-funding of our main enforcement–THE BORDER FENCE CONSTRUCTION and the weakening of the illegal worker identifier–E-VERIFY? As it always happens the status-quo have always have the monetary inroads in influencing our legislators, leaving the general population to be startled by a new law enacted, before they have a chance to respond. It really doesn’t matter who is the majority party, the American people remain alienated from secret wheeling and dealing. H.R. bills and amendments are passed in Washington chambers, but the real payout takes place behind closed doors.

    This happened when Sen. Harry Reid, Speaker Pelosi used their power to under-fund E-Verify or even kill it? Then in California right now–the SANCTUARY STATE–E-Verify is under a great deal of pressure, not to implement it. Assembly member Paul Fong (Cupertino) would prohibit the state, local governments, and special districts in California from requiring an employer to use the federal “E-Verify” system, even when that employer is a contractor to the government. This is typical at state or federal level, no matter the monetary consequences to the US worker. California residents should immobilize this idiot, and threaten him losing when it’s time for re-election. SAY NO to AB 1288

    Right now as I comment Homeland Security Janet Napolitano is looking for ways, to undermine the ICE raids and 287(g) the local police enforcement law as seen with Sheriff Joe Ariapo in Maricopa County, Arizona and in other states. I thought the whole idea of Homeland Security, along with our politicians when they took the oath of allegiance, was to protect us all. Even the–NO MATCH LETTER–has been compromised. Everything that really works–is CRUSHED! It’s more like they are out to protect the interests of the US Chamber of Commerce, Council of Foreign Relations, ACLU and all the open border, special interest groups, including millions of jobs for illegal immigrants into our country. GOOGLE—about their—REAL—INTENTIONS?

    They are already showing their true unpatriotic colors, by trying to force through another disastrous immigration reform law. They keep telling us that the 1986 Simpson/mazzoli bill is broken, yet it was never enforced by any president after Ronald Reagan signed it into law. Nor would good old Ted Kennedy sponsored it, if it didn’t ring true? It’s just another trick; to legalize “God Knows” how many illegal aliens will swarm the immigration agencies. How many their really are? Which is anybodies guess, will costs trillions of dollars to support these illiterate people in the majority of cases.

    Not the pariah farmers or the businesses that do the hiring, but the taxpayer will have to foot the bill and the millions more who the lay siege to the border–once the word AMNESTY is heard. Now it’s up to the American people to demand–NO MORE AMNESTIES! GOOGLE–illegal immigration and financial costs, because the public is constantly fed propaganda from the Liberals. Call your state or federal representative today! 202-224-3121 in addition to sign the petition for California, to stop billions of welfare benefits, to the overrun State at TAXPAYER REVOLUTION. See the truth at NUMBERSUSA,

  7. Jim Rittgers, SPHR Says:

    Brittancus,

    You might have a better chance of making your point if you wrote more concisely, proofread your comments, and refrained from misusing the question mark.

  8. Lori C. Says:

    Cudos Brittancus! Sandra, it is you who are ignorant – get your head out of the sand and take a good hard look at what is happening. It’s already too late for California and legislators refuse to do something about it. 20 years ago, illegals would come in to my little agricultural community and pick the fruit and then they would move north into Oregon and Washington for work and then they would all return to Mexico – only to come back during the next season. Now they live here, illegally sucking off of our health system and our school system. It’s happening all around us and California is suffering for it although people in power have special interests to attend to and they never really experience what is happening in this real world. Until they do something it’s only going to get worse! Have you been to an urgent care clinic – or emergency room? Hospitals are going bancrupt because they can no longer afford to take in non-paying patients. Illegals are taxing the system to the limits and beyond and the taxes that they pay is nothing compared with what it costs every taxpayer to maintain their lives. It’s not their fault – we let it happen. I’d be here for all of the freebees too if I were them! Being a LEGAL immigrant myself, I resent them being here and the very thought of this amnesty crap. How do you get them out? ONE BY ONE!

  9. Gene McIntyre Says:

    From another legal immigrant, yes and yes, Lori and Brittanicus. Those of us that are going through the legal process to attempt to bring family members that could actually add value to our society (educated, hard working, English speaking and not planning to live on welfare) agree that a path to citizenship should only include those who have respected and honor US law and who are committed not only to benefit from the system but to become an engaged citizen or resident of this nation.

  10. Jalva Says:

    I have a question for Sandra. Do you know a ball park number of illegals serving in the Military?

  11. Shanta Says:

    Brittanicus
    I agree with Sandra. Why don’t you look around and you will see what some of these people are doing that the unemployed Americans don’t want to do. Of course they are paying taxes and guess what the Social Security pool is keeping the funds that the employer/employees are paying into. Illegals will never be able to collect those benefits

  12. Lori Says:

    Illlegals serving in the Military? Please…who fed you that load of crap and how could you possibly believe it? I don’t believe that for one second! If it’s true then the U.S. is breaking it’s own law.

  13. Jalva Says:

    Lori… my point exactly! NONE of the illegals have what it takes an American to serve! But yet, they do want the American Way and our hard earn benefits. I totally agree with Brittancus. Britt, keep it loud, keep your voice heard. We are right behind you!

  14. LVM Says:

    Is this a political forum? My employer does hire immigrants. It is very difficult to determine the authenticity of a document without very good training and a microscope. Which we do not have. It has been several years since we received any No-Match letters. I am sure that does not mean we have none. If they do not send the no match letter, they do not have to enforce their policy. We could do e-verify, but we are not required to do so. So, we do not. This is like “don’t ask, don’t tell.”
    Oh and the immigrants do not pay much in taxes. They like to claim Married and 6 on their W-4.
    And the ones that do file a tax return, get huge refunds. They can claim all the people the supposedly are supporting back home. They are not required to furnish social sec. numbers for dependents, just a letter from two wittnesses back home. Some of you internet wizards should try to look into that. Not Fair!!!

  15. MMAN Says:

    Shanta,
    Of course illegal immigrants do work that U.S. citizens won’t do. Do you know why? They earn minimum wage and when they send their money back to Mexico, it is worth a whole lot more there (has much more buying power than what it does here). This undermines the ability of American’s to earn a decent wage. Not equitable and not fair. Who would want to work hard and break their back on jobs that wouldn’t even provide ones needs?

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