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Government Contractors Required To Use E-Verify

Published by on June 11, 2008

On June 6, 2008, President Bush issued an Executive Order that requires government contractors to use the Department of Homeland Security E-Verify system to ensure that all new employees are authorized to work in the United States.  The DHS press release about the Executive Order can be found here.  UPDATE:  Oddly enough, the General Accounting […]

On June 6, 2008, President Bush issued an Executive Order that requires government contractors to use the Department of Homeland Security E-Verify system to ensure that all new employees are authorized to work in the United States.  The DHS press release about the Executive Order can be found here

UPDATE:  Oddly enough, the General Accounting Office released a report on June 10 entitled “Challenges Exist in Implementing A Mandatory Electronic Employment Verification System.”  The report suggests, among other things, that implementing E-Verify from 2009-2012 for new employees only would cost $765 million.  (Hat tip to Workplace Prof Blog.)

The Executive Order does not contain a clear effective date.  Rather, it requires contracting agencies to adopt regulations and add language to new government contracts implementing the E-Verify requirement.  The key language in the Executive Order is the new Section 5:

Sec. 5. (a) Executive departments and agencies that enter into contracts shall require, as a condition of each contract, that the contractor agree to use an electronic employment eligibility verification system designated by the Secretary of Homeland Security to verify the employment eligibility of: (i) all persons hired during the contract term by the contractor to perform employment duties within the United States; and (ii) all persons assigned by the contractor to perform work within the United States on the Federal contract.

Government contractors would be well advised to enroll in E-Verify and work out any kinks in the program before they are required to do so with respect to all new hires.

Other employment law blogs commenting on this issue — Connecticut Employment Law Blog; Pennsylvania Labor & Employment Blog; Delaware Employment Law Blog.

UPDATE 2.2.2009:  The effective date has been pushed to May 2009.  See our post here.

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