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Government Postpones Mandatory E-Verify Use by Federal Contractors Yet Again
Implementation of the federal acquisition regulation (FAR) policy requiring federal contractors to use the E-Verify system to verify their employees' eligibility to work has been delayed again, to June 30, 2009. The extension was made "to permit the new Administration [of President Barack Obama] an adequate opportunity to review the rule." Implementation of the rule had most recently been delayed to May 21, 2009.
E-Verify is an Internet-based system operated by U.S. Citizenship and Immigration Services in partnership with the Social Security Administration that allows participating employers to electronically verify the employment eligibility of their newly hired employees. Under the new federal regulation published on November 14, 2008, federal contracting officers must include a clause in most federal government contracts that requires contractors to register in and use E-Verify, making it a federal mandate for many employers. The expansion will raise the number of employers using the system and will require contractors to complete E-Verifications for many existing employees in addition to new hires. |
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ICE Strengthens Focus on Employers Who Hire Undocumented Workers 
On April 30, 2009, U.S. Immigration and Customs Enforcement (ICE) released a fact sheet describing its new worksite enforcement strategy. In an effort to tackle the root cause of illegal immigration, the Obama administration is making a shift in emphasis from targeting undocumented workers to pursuing abusive employers who profit from their labor.
Highlights include (1) the fact that, of the more than 6,000 arrests related to worksite enforcement in 2008, only 135 arrests were of employers, (2) in order to target the root cause of illegal immigration, effective immediately, ICE will focus its resources in the worksite-enforcement program on the criminal prosecution of employers who knowingly hire undocumented workers, (3) while conducting investigations, ICE officers will look for evidence of the mistreatment of workers, and (4) before arresting employees for civil immigration violations at a worksite, ICE officers will obtain indictments, criminal arrest or search warrants, or a commitment from the U.S. Attorney's Office to prosecute the targeted employer.
In 2007, while she was a border state governor, Secretary of Homeland Security Janet Napolitano signed into law one of the toughest employer sanctions law targeting employers who knowingly hired undocumented workers. |
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State Immigration Laws Still on the Rise
While comprehensive immigration reform remains a top priority for President Obama, the new administration is not seeking to pass a bill this year. White House spokesman Nick Shapiro recently stated, "the president has consistently said that he wants to start the discussion later this year because our immigration system is broken ... but the economy comes first."
In the meantime, various states, such as Arizona, South Carolina and Missouri, have enacted or plan to enact legislation to combat illegal immigration and discourage employers from hiring or retaining undocumented foreign workers. Many of these laws require additional work verification and/or impose penalties in addition to those existing under federal law for employing undocumented workers.
ICE's enforcement strategy works well with states looking to enforce state penalties for unlawful employment. State and local authorities are expected to cooperate with ICE in their enforcement actions and impose additional penalties on employers under their state or local laws. Because worksite enforcement actions disrupt business operations and may result in civil and criminal penalties, employers must continue to comply with federal, state and local employment laws, including verifying employees' work authorization and maintaining I-9 forms that meet ICE standards.
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