Government Contracts Monitor

E-Verify Contractor Rule Postponed Yet Again - Until September 8, 2009

June 5, 2009

On June 5, the Federal government announced a further delay of the requirement that Federal contractors use the E-Verify program – DHS’ electronic immigration compliance system to confirm employees’ employment eligibility.

Formal notice of the change states that the new clause at 52.222-54, Employment Eligibility Verification, is not to be included in any solicitation or contract prior to the new applicability date of September 8, 2009.

This latest announcement marks the fourth delay in the implementation of the controversial rule, which requires covered contract recipients to run certain employees’ employment eligibility information through the E-Verify system to screen for potential immigration violations.

The rule was originally to have gone into effect January 15, 2009, but the Federal government agreed on January 9 to a month-long delay partly in response to a lawsuit filed by the U.S. Chamber of Commerce and other business groups. Several weeks later, on January 28, it agreed to a second postponement – to May 27 -- to give the Obama Administration time to review the rule. On April 16, it was again postponed, this time to June 30.

The Administration apparently needs addition time to review the rule prior to its applicability to federal contractors and subcontractors.