Federal Court Rules in Favor of Mandatory E-Verify for Federal
Contractors
Thursday, August 27, 2009, 1:20 PM

Sessions Amendment #1371 The U.S. District Court in Maryland ruled in
favor of an executive order first issued during the Bush
Administration that would require all federal government contractors
to use E-Verify. The order was delayed once by Pres. Bush and three
times by Pres. Obama while they were awaiting the outcome of lawsuits
filed by various business groups, including the U.S. Chamber of
Commerce.

Under the court's ruling, all federal contractors holding contracts of
more than $100,000, regardless of size, will be required to use E-
Verify, beginning on Sept. 8. Subcontractors will also be subject to
the rule if their portion of the contract is more than $3,000. The
court rejected all arguments presented by the plaintiffs.

Judge Alexander Williams, Jr. wrote that "the decision to be a
government contractor is voluntary" and "no one has a right to be a
government contractor."

Last month, the Department of Homeland Security agreed to implement
the rule, and it's been backed by the Senate. Sen. Jeff Sessions (R-
Ala.) offered an amendment that was adopted to the Homeland Security
spending bill that would require all federal contractors to E-Verify
on new hires. Sen. Chuck Grassley (R-Iowa) offered another amendment
that was also adopted to the same bill that would require federal
contractors to use E-Verify on all existing employees as well. Both
amendments, however, must make it through a conference committee in
the fall that will rectify the differences between the House and
Senate versions of the bill.

After the court's ruling, U.S. Chamber of Commerce official Robin
Conrad said that the Chamber is obviously disappointed with the
decision.

"Our concern is the practical impact on employers ... employers will
be required to reverify existing employees who work on federal
contracts, which has the potential to impact hundreds of thousands of
workers."

Rep. Lamar Smith (R-Texas) applauded the court's decision.

"There are more than 12 million citizens and legal immigrants
unemployed, and even higher-than-average unemployment rates among
blacks and U.S.-born Hispanics. It would be wrong to allow jobs that
should go to them to go to illegal immigrants instead. I am hopeful
that the Chamber will choose not to appeal this decision. The Chamber
should stand up for American workers and encourage all its member
businesses to enroll in E-Verify."

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