Government Contracts Monitor

E-Verify Contractor Rule Postponed for Third Time – Until June 30, 2009

April 21, 2009

On April 16, the Federal government again delayed 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 was issued in the Federal Register the next day, making clear 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 June 30, 2009. 

  

This latest announcement marks the third 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. 

The Department of Homeland Security explained that the additional extension “provides the Administration an adequate opportunity to review the entire rule prior to its applicability to federal contractors and subcontractors.”