Lawsuit Seeks to Void Controverisal New Federal Contractor E-Verify Law

The latest government attempt to impose the use of E-Verify on employers is being challenged in court. This time it is the U.S. Chamber of Commerce and other business and human resources groups attacking the legality of new regulations that force federal government contractors to use E-Verify for its employees.

The regulations, which go into effect Jan. 15, 2009, require federal contractors with projects exceeding $100,000 lasting 120 days or more and for sub-contractors with projects exceeding $3,000 to use E-Verify to confirm its employees’ eligibility to work. It also requires contractors to reconfirm the employment authorization of existing employees hired after Nov. 6, 1986 who work on government contracts.

The Chamber says the government is using an executive order to get around normal law-making processes.

“This massive expansion of E-Verify is not only bad policy, it’s unlawful,” said Robin Conrad, executive vice president of the National Chamber Litigation Center (NCLC), the Chamber’s public policy law firm. “The Administration can’t use an Executive Order to circumvent federal immigration and procurement laws. Federal law explicitly prohibits the secretary of Homeland Security from making E-Verify mandatory or from using it to re-authorize the existing workforce.”

The lawsuit asks the court to declare the new regulations illegal and void.

Employer groups have criticized E-Verify as too costly and imperfect to require use by federal contractors and subcontractors.

The case, filed in the U.S. District Court for the District of Maryland, is Chamber of Commerce of the United States of America, et al. v. Chertoff, et al.

For more information on the controversial E-Verify program, please see our other article here.

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One Response to Lawsuit Seeks to Void Controverisal New Federal Contractor E-Verify Law

  1. John Plotnick says:

    Good Job US COC. These fn policies and laws are driving our economy into the ground. Go be racist somewhere else not on our labor and dime. Most of these e-verify zealots belong to groups like the K.K.K. This nonsense law needs to be stopped in its track. I am tired of our country being converted into a police state for the sake of racism. This law is designed to cause financial burden on indigent Americans, Asian Americans, African Americans and Hispanic Americans; just what K.K.K pundits would like to see. Our businesses cannot be tools to foster such hatred. I was actually solicited by K.K.K patrons requesting my business not to hire non-whites about 18 years ago. I am surprised to see now the government is at a forefront promoting and legalizing such policies publicly now. If Obama and his team falls for this crap shame on them. Because we worked so hard to vote for new leadership to stop such cruel, unnecessary, and racist laws that place burden on our economy, people, and our country in general.
    Thanks, COC. We would like to know how we could help donate time and effort to the cause

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