Update: Mandatory Use of E-Verify for Federal Contractors Temporarily Suspended

The U.S. Chamber of Commerce and other business groups have filed a lawsuit challenging the legality of an Executive Order and final rule mandating use of the Department of Homeland Security's (DHS) E-Verify system for certain qualifying federal contractors and subcontractors (read previous Ice Miller LLP E-Verify article).  The final rule was scheduled to take effect January 15, 2009; however, DHS has now confirmed that the rule will be suspended until February 20, 2009.  The lawsuit alleges that the Immigration and Nationality Act and the Illegal Immigration Reform and Immigrant Responsibility Act preclude mandatory use of E-Verify.

In the interim, employers are urged to continue consideration of the final rule's applicability and to work with counsel in determining whether the suspended final rule will mandate their enrollment in E-Verify.

Please contact Tami Earnhart with any questions regarding your requirement to enroll in E-Verify as a federal contractor or subcontractor or Jenifer Brown regarding E-Verify in general or other questions concerning I-9 compliance, employment verification and other immigration-related issues.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice.  The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.